ARSD Article 41:09 — SPECIAL PERMITS AND LICENSES

GAME, FISH AND PARKS GAME, FISH AND PARKS

Chapter 41:09:01 Private shooting preserves

ARSD 41:09:01:01 Operation plan to be submitted with application

A person submitting an application for a shooting preserve permit shall submit with the application a detailed plan of operation for the proposed private shooting preserve for approval of the department.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; SL 2005, ch 226, § 11, effective March 9, 2005; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(13)(16), 41-10-3.
• Law Implemented: SDCL 41-2-18(13)(16), 41-10-2, 41-10-3.

ARSD 41:09:01:02 Release of male birds required -- Harvest limited

A permittee must release a minimum of 600 male pheasants on each of the permittee's shooting preserves. The minimum release required by this section is reduced to 300 male pheasants on each of the permittee's shooting preserves if the permittee has not received a shooting preserve operating permit any time prior to the current permit or no portion of land contained within the current permit has been a part of a previously permitted shooting preserve.

Only male birds released from August 1 through March 31 may be counted toward the required minimum and included on the game release records. A shooting preserve may release hens. No released hens may be shot. Pheasants released must be Chinese ring-necked pheasants. "Jumbo" Chinese ring-necked pheasants may not be released. Turkeys released must be wild turkeys, as defined in § 41:06:00.01:02. Prior to any harvest, birds of that species must be released on the preserve. At no time following the required releases may a permittee allow the number of wild and released birds harvested to exceed 100 percent of the number of birds that have been released. All birds must be healthy when released.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 13, effective August 25, 1976; 5 SDR 46, effective December 11, 1978; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 170, effective April 28, 1986; 13 SDR 26, effective September 10, 1986; 14 SDR 114, effective March 9, 1988; 16 SDR 148, effective March 21, 1990; 23 SDR 20, effective August 13, 1996; 25 SDR 193, adopted July 19, 1998, effective July 1, 1999; 28 SDR 24, effective August 28, 2001; 31 SDR 191, adopted May 18, 2005, effective April 1, 2006; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(16).
• Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-14.

ARSD 41:09:01:02.01 Notification required prior to release of birds

A preserve permittee shall make personal contact with a local conservation officer to verify the bird marking method, planned date of any release, and the number of each bird species to be released.

Prior to the initial release of any of the permittee's permitted bird species, the permittee shall do one of the following:

(1) Make personal contact with a conservation officer at least 48 hours prior to any planned release;

(2) Leave a phone message for a conservation officer at least 48 hours prior to any planned release;

(3) Send correspondence to a conservation officer postmarked four days prior to any planned release;

(4) Send a message to a conservation officer's state email address at least 48 hours prior to any planned release; or

(5) Reach a verbal or written agreement with a local conservation officer concerning notification of any release.

If the permittee has made contact pursuant to this section and no response is received from a local conservation officer, the permittee may proceed with the planned release without further notification.

With regard to any subsequent release of each species, notification must be made pursuant to an agreement between the permittee and a local conservation officer.

History

• Source: 29 SDR 21, effective August 26, 2002; 38 SDR 8, effective August 3, 2011; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(16).
• Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-10.

ARSD 41:09:01:03 Birds that may be released -- Minimum release age -- Marking of birds

Any bird released on a shooting preserve must be at least 15 weeks of age at the time of release. Except for partridge and quail, any game bird or wild turkey propagated, possessed, or released on the premises described in the preserve permit must have one front toe or one hind toe on either foot removed back to the first joint including the nail before becoming six weeks of age. An anti-pecking device affixed to the bird before it is six weeks of age and worn by the bird until it is at least 15 weeks of age is acceptable, in lieu of toe clipping, if the anti-pecking device leaves a permanent, easily identifiable mark through the nares.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 87, effective June 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 170, effective April 28, 1986; 13 SDR 128, effective March 22, 1987; 16 SDR 148, effective March 21, 1990; 22 SDR 16, effective August 15, 1995; 23 SDR 20, effective August 13, 1996; 29 SDR 21, effective August 26, 2002; 30 SDR 99, effective December 22, 2003; 40 SDR 121, effective January 6, 2014; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(16).
• Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-10.

ARSD 41:09:01:03.01 Daily bag limit -- Shooting hours

The daily bag limit for pheasants on shooting preserves is 20 male pheasants from the beginning of the hunting preserve season through the end of the statewide pheasant season, as described in § 41:06:08:01. From the end of the statewide pheasant season through the end of the private shooting preserve season, the daily bag limit is 15 male pheasants. Daily bag limits for male pheasants established in this section do not apply from September 1 through the end of the statewide pheasant season on a licensed shooting preserve if a resident possesses a combination license or a nonresident possesses a nonresident small game license. A person hunting in a group may only be exempt from daily bag limits if all persons in the group are exempt from daily bag limits. The daily bag limit for wild turkeys is 2 birds.

The shooting hours are restricted to sunrise to sunset each day.

History

• Source: 13 SDR 26, effective September 10, 1986; 23 SDR 20, effective August 13, 1996; 25 SDR 193, adopted July 19, 1998, effective July 1, 1999; 31 SDR 191, adopted May 18, 2005, effective April 1, 2006; 36 SDR 39, effective September 23, 2009; 47 SDR 27, effective September 15, 2020; 47 SDR 38, effective October 6, 2020.
• General Authority: SDCL 41-2-18(2)(16), 41-10-16.
• Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-11, 41-10-16.

ARSD 41:09:01:04 Tagging of bagged birds

Serially numbered tags, supplied by the department, must be securely attached around the leg or neck of all harvested bird species that are listed on the preserve permittee's permit. All pen-reared and wild birds harvested on a preserve shall be tagged by the shooting preserve permittee, or the permittee's employees or agents, upon any of the following circumstances:

(1) Prior to leaving the preserve acreage;

(2) At the time the birds are cleaned or processed;

(3) Prior to the birds being placed in a cooling or freezing facility; or

(4) Prior to midnight of the day that the birds were harvested.

The head, leg, or sufficient plumage must remain attached to the bird to identify the sex and species of the bird. The kill tag must remain attached to the bird while the bird is possessed, placed in public storage, transported, or shipped by anyone. However, the head, leg, and sufficient plumage may be detached from the bird and discarded if the bird is processed at a wildlife processing facility, if the bird is immediately packaged by a transparent vacuum-sealed or shrink-wrap packaging process, and if the kill tag is encased in the same package and clearly legible. The package shall contain only those individual bird parts associated with the original kill tag. No more than two birds may be enclosed in the same package. Except as provided in this section, the provisions of chapter 41:06:03 apply to the possession, processing, and transportation of game birds harvested on a preserve.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 12 SDR 170, effective April 28, 1986; 13 SDR 26, effective September 10, 1986; 16 SDR 148, effective March 21, 1990; 23 SDR 20, effective August 13, 1996; 32 SDR 55, effective October 17, 2005; 37 SDR 18, effective August 16, 2010; 38 SDR 8, effective August 3, 2011; 43 SDR 31, effective September 14, 2016.
• General Authority: SDCL 41-2-18(2)(10)(16).
• Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-16.

ARSD 41:09:01:04.01 Private shooting preserve transportation permit -- Exception

Private shooting preserve** transportation permit -- Exception. A licensed private shooting preserve permittee may obtain a transportation permit for processing purposes from the department. The permit allows the transportation of birds legally harvested on the shooting preserve to another location for processing. The kill tags must be attached to the birds. The permit must include the preserve name; the hunter's name; the hunter's driver's license number, state issued identification number, or youth hunter safety number; the species and number of birds transported; and the date of processing.

In lieu of the transportation permit, a permittee or employee may transport permitted species harvested on a shooting preserve to another location for processing, if the carrier of the birds has a duplicate copy of the guest register required by SDCL 41-10-17. The permittee may use computer formats that list hunter and harvest information for the birds being transported for processing with prior department approval.

The carrier of the permit or guest register must be an employee of the preserve and must possess the processing permit or a copy of the guest register while in possession of the birds enroute to or from the processor.

History

• Source: 22 SDR 16, effective August 15, 1995; 33 SDR 43, effective September 18, 2006; 38 SDR 8, effective August 3, 2011; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(16).
• Law Implemented: SDCL 41-2-18(2)(16).

ARSD 41:09:01:04.02 Private shooting preserve common carrier shipping permits

Repealed.

History

• Source: 22 SDR 16, effective August 15, 1995; repealed, 33 SDR 43, effective September 18, 2006.

ARSD 41:09:01:05 Fee for kill tags -- Deadline

The fee for kill tags attached to birds by the permittee is 25 cents each. The fee for kill tags furnished to a permittee but not attached to a bird and not returned to the department at the end of the shooting preserve season is two dollars each. The permittee shall make payment in full for all kill tags to the department no later than April 15.

History

• Source: SL 1975, ch 16, § 1; repealed, 9 SDR 14, effective August 8, 1982; reenacted, 10 SDR 120, effective July 1, 1984; 16 SDR 148, effective March 21, 1990; 34 SDR 49, effective August 22, 2007; 36 SDR 39, effective September 23, 2009; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(13)(16).
• Law Implemented: SDCL 41-2-18(13)(16), 41-10-16.

ARSD 41:09:01:05.01 Game release and guest register records required -- Deadlines

In addition to the records required in SDCL 41-10-17, a permittee shall maintain a separate set of game release and guest register records for each permitted shooting preserve. The permittee must maintain and record daily all records on forms provided by the department or in computer formats that have received prior approval from the department. The preserve permittee shall deliver all records required by SDCL 41-10-17 and this section to the department no later than April 15. The guest register records must indicate whether each bird harvested is marked or wild and whether each wild turkey is male or female. Each permittee shall list the number of birds released within the preserve on the game release record sheet and indicate the sex of each wild turkey released. The permittee shall include a copy of each vendor purchase receipt with the game release records sent to the department. Any permittee incubating and hatching eggs shall have this process verified annually by a conservation officer.

History

• Source: 13 SDR 26, effective September 10, 1986; 23 SDR 20, effective August 13, 1996; 34 SDR 49, effective August 22, 2007; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(16).
• Law Implemented: SDCL 41-2-18(16), 41-10-2, 41-10-3, 41-10-7, 41-10-17.

ARSD 41:09:01:06 Applications -- New and renewal --Single season and three-year season permits authorized -- Fees

Applications - New and renewal -- Single season and three-year season permits authorized -- Fees.** Applications for new shooting preserves and renewal applications for existing shooting preserves must be received by the department no earlier than January 1 and no later than March 1 of the year the shooting preserve operation is to begin. A person may apply for a shooting preserve permit for a single season or for three successive seasons upon submitting the operation plan required by § 41:09:01:01 and paying in full at the time of application all permit fees required by SDCL 41-10-4. Issuance of a three-season permit to any shooting preserve located within one mile of a publicly owned shooting area shall be conditioned upon an annual finding by the department that the preserve does not take unfair advantage of wildlife habitat developments or wildlife populations existing on the publicly owned shooting area in accordance with the provisions of § 41:09:01:06.02.

A permittee who is issued a three-season permit may apply for an adjustment in preserve acreage no earlier than January 1 and no later than March 1 during the second or third year of operation in which a three-season permit is in effect. The application must be treated as a new shooting preserve as required by § 41:09:01:09. No refund of previously remitted preserve acreage fees is allowed for a preserve acreage adjustment that lowers the number of acres in a three-season preserve permit. Previously remitted fees must be applied toward any required permit fees that are submitted by a permittee who is issued a three-year permit and subsequently applies for an adjustment in preserve acreage within the term of the permit, provided the new application is approved.

History

• Source: 12 SDR 170, effective April 28, 1986; 13 SDR 26, effective September 10, 1986; 14 SDR 114, effective March 9, 1988; 16 SDR 148, effective March 21, 1990; 22 SDR 16, effective August 15, 1995; requirements for records transferred to § 41:09:01:05.01, 23 SDR 20, effective August 13, 1996; 30 SDR 21, effective August 25, 2003; SL 2005, ch 226, § 12, effective March 9, 2005; 36 SDR 39, effective September 23, 2009; 38 SDR 8, effective August 3, 2011; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(16).
• Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-3, 41-10-17.

ARSD 41:09:01:06.01 Notice of public hearing

.** Repealed.

History

• Source: 18 SDR 41, effective September 5, 1991; repealed, SL 2005, ch 226, § 13, effective March 9, 2005.

ARSD 41:09:01:06.02 Issuance of permit for shooting preserve located within one mile of publicly owned shooting area

Upon receipt of an application for issuance of a permit for a shooting preserve located within one mile of a publicly owned shooting area, the department shall consider the following criteria in determining if the applicant has established that the preserve would not take unfair advantage of wildlife habitat developments or wildlife populations existing on the publicly owned shooting area:

(1) Existing or potential wild pheasant population on the publicly owned shooting area;

(2) Potential for disease transmission from an adjoining preserve to wild pheasants on the publicly owned shooting area;

(3) Extent of habitat developments that are on the publicly owned shooting area and specifically designed to enhance the wild pheasant population;

(4) Information related to the management of other wildlife species or recreational opportunities on the publicly owned shooting area, which may be negatively affected by an adjoining shooting preserve; and

(5) Any information that may indicate detriment to the public interest.

The department shall consider the factors listed in SDCL 41-10-7 and this section in making a decision on the application.

History

• Source: 18 SDR 41, effective September 5, 1991; 32 SDR 55, effective October 17, 2005; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(16).
• Law Implemented: SDCL 41-2-18(2)(16), 41-10-2, 41-10-7(9).

ARSD 41:09:01:07 Minimum area of preserve

The minimum area required for a shooting preserve is 160 acres.

History

• Source: 14 SDR 114, effective March 9, 1988; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(16).
• Law Implemented: SDCL 41-2-18(16), 41-10-2, 41-10-3, 41-10-17.

ARSD 41:09:01:08 Definition of "other publicly owned shooting areas."

Areas covered by the term "other publicly owned shooting areas" in SDCL 41-10-7(10) include all lands owned or controlled by the U.S. Fish and Wildlife service; holdings of the U.S. Bureau of Land Management, U.S. Forest Service, U.S. Bureau of Reclamation, and U.S. Corps of Engineers which are designated as wildlife areas or managed primarily for wildlife; lands leased by the department for the purpose of managing wildlife; and meandered lakes.

History

• Source: 16 SDR 148, effective March 21, 1990; 23 SDR 20, effective August 13, 1996.
• General Authority: SDCL 41-2-18(2)(16).
• Law Implemented: SDCL 41-2-18(2)(16), 41-10-7.

ARSD 41:09:01:09 New and existing shooting preserves distinguished

A new shooting preserve as used in SDCL 41-10-4.5 and this chapter, is a shooting preserve which did not have a permit for the preceding year or a previously permitted shooting preserve which requests approval in the renewal application of changes to the preserve in the form of new, additional, or different tracts, acres, or parcels of land.

An existing shooting preserve, as used in this chapter, is a shooting preserve which had a permit for the preceding year and for which no changes to tracts, acres, or parcels of land are requested in the renewal application.

History

• Source: 23 SDR 20, effective August 13, 1996.
• General Authority: SDCL 41-2-18(16).
• Law Implemented: SDCL 41-2-18(16), 41-10-4.5.

ARSD 41:09:01:10 Adjustment to preserve acreage

A permittee may apply to the department for an adjustment of preserve acreage. The department may adjust the acreage to remove land that had substantial and detrimental changes in habitat caused by hail, flooding, drought, or fire and replace it with other land that may be, but is not required to be contiguous to the preserve. An adjustment of preserve acreage is effective only for the year in which it is approved by the department and may not be considered as acreage included in an existing shooting preserve for purposes of a renewal application.

History

• Source: 23 SDR 20, effective August 13, 1996; 34 SDR 49, effective August 22, 2007; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(16).
• Law Implemented: SDCL 41-2-18(16), 41-10-7.

ARSD 41:09:01:11 Training required

All new preserve permittees shall attend a training and informational meeting prior to the preserve season. The department shall notify new permittees of the time and place of scheduled meetings.

History

• Source: 23 SDR 20, effective August 13, 1996; 38 SDR 8, effective August 3, 2011; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(16).
• Law Implemented: SDCL 41-2-18(2)(16).

ARSD 41:09:01:12 Contiguous tract of land defined

A tract of land contained within an application for a private preserve does not constitute a contiguous tract of land as used in SDCL 41-10-3 and 41-10-7(8) if the department determines that the tract of land is being included within the private shooting preserve to connect other parcels and tracts of land described within the application and the tract of land is less than 330 feet in width at any point and is more than 1,320 feet in length.

History

• Source: 32 SDR 55, effective October 17, 2005.
• General Authority: SDCL 41-2-18(2)(16).
• Law Implemented: SDCL 41-2-18(2)(16), 41-10-3, 41-10-7(8).

Chapter 41:09:02 Captive game birds

ARSD 41:09:02:00 Definition of terms

As used in this chapter:

(1) "Game bird" means any swan; goose; brant; puddle, diving, river, or sea duck; wild turkey; grouse; prairie chicken; pheasant; partridge; quail; and any hatching eggs of these birds;

(2) "License" means the captive game bird license issued by the department;

(3) "Licensee" means a person, corporation, or nonprofit organization that has been issued a captive game bird license.

History

• Source: 8 SDR 86, effective January 18, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 30 SDR 99, effective December 22, 2003; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(11).
• Law Implemented: SDCL 41-2-18(11)

ARSD 41:09:02:01 Expiration date of license

A captive game bird license expires on December 31 of the calendar year for which the license was issued.

History

• Source: SL 1975, ch 16, § 1; 8 SDR 86, effective January 18, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 30 SDR 99, effective December 22, 2003; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(11).
• Law Implemented: SDCL 41-2-18(11), 41-6-31.

ARSD 41:09:02:02 Possession of captive game birds prohibited -- Exceptions -- License types and fees

No person may possess captive game birds without a captive game bird license, as provided for in this chapter, or a valid private shooting preserve permit as provided for in SDCL chapter 41-10. A person may possess captive game birds without a captive game bird license if the birds were acquired from a captive game bird licensee and the birds are released from captivity within two full calendar days from the date of receipt. A bill of sale must accompany the birds, as provided for in § 41:09:02:05. A captive game bird license may be noncommercial or commercial.

A noncommercial captive game bird license authorizes the licensee to possess, produce, and release game birds from captivity. No game birds possessed under this license may be sold or offered for sale. The license fee is $10 for residents and $20 for nonresidents.

A commercial captive game bird license authorizes the licensee to possess, produce, release from captivity, sell, offer for sale, and ship live game birds, as provided for in this chapter. The fee is $50 for residents and $100 for nonresidents.

History

• Source: SL 1975, ch 16, § 1; 8 SDR 86, effective January 18, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 40, effective September 23, 1987; 30 SDR 147, effective April 4, 2004; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(11)(13), 41-6-31.
• Law Implemented: SDCL 41-2-18(11)(13), 41-6-31.

ARSD 41:09:02:02.01 License application

The application for a captive game bird license must include:

(1) The name and address of licensee;

(2) The number of game birds by species and sex to be held in captivity;

(3) The legal origin of game birds, including the date of acquisition and the name and address of supplier;

(4) The legal description of premises where the game birds will be held in captivity; and

(5) The most recent captive game bird license number and year of issuance, if applicable.

History

• Source: 8 SDR 86, effective January 18, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 30 SDR 99, effective December 22, 2003; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(11)(13).
• Law Implemented: SDCL 41-2-18(11)(13), 41-6-31.

ARSD 41:09:02:02.02 Transferred

Transferred to § 41:09:02:09.**

ARSD 41:09:02:02.03 Repealed

Certificate of health required.** Repealed.

History

• Source: 8 SDR 86, effective January 18, 1982; repealed, 10 SDR 12, effective August 17, 1983.

ARSD 41:09:02:02.04 Repealed

Health department to be notified of diseases transmissible to man.** Repealed.

History

• Source: 8 SDR 86, effective January 18, 1982; repealed, 10 SDR 12, effective August 17, 1983.

ARSD 41:09:02:03 Captive waterfowl -- Compliance with federal regulations

All migratory waterfowl propagated, possessed, sold, or offered for sale under a captive game bird license must be marked for identification and shipped in accordance with 50 C.F.R. Part 21, revised as of October 1, 2002.

History

• Source: SL 1975, ch 16, § 1; 8 SDR 86, effective January 18, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 30 SDR 99, effective December 22, 2003; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(11).
• Law Implemented: SDCL 41-2-18(11), 41-6-31.

ARSD 41:09:02:04 Identification marking required

Except for partridge and quail, any game bird propagated, possessed, sold, offered for sale, or released from captivity must have one front toe or one hind toe on either foot removed back to the first joint including the nail before becoming six weeks of age. An anti-pecking device affixed to the bird before it is six weeks old and worn by the bird until it is at least 15 weeks old is acceptable in lieu of toe clipping if the anti-pecking device leaves a permanent, easily identifiable mark through the nares. Any game bird propagated under this chapter that has not been shot and that is commercially packaged by a transparent sealed vacuum/shrink-type process may have the marked appendage removed if a label is permanently affixed to the package showing the name and address of the licensee.

History

• Source: SL 1975, ch 16, § 1; 8 SDR 86, effective January 18, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 13 SDR 128, effective March 22, 1987; 18 SDR 4, effective July 18, 1991; 30 SDR 99, effective December 22, 2003; 37 SDR 18, effective August 16, 2010; 40 SDR 121, effective January 6, 2014.
• General Authority: SDCL 41-2-18(11).
• Law Implemented: SDCL 41-2-18(11), 41-6-31.

ARSD 41:09:02:05 Bill of sale required of persons other than licensees

Any game bird propagated under a captive game bird license that has not been shot may not be possessed, placed in public storage, transported, or shipped by anyone other than the licensee, unless a bill of sale accompanies the game bird. The bill of sale shall show the licensee's name, address, and license number; the number, species, and sex of the birds; the date of the transaction; and the name and address of the purchaser. If any such game bird is packaged, the bill of sale shall be attached to the outside of the package.

History

• Source: SL 1975, ch 16, § 1; 8 SDR 86, effective January 18, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 30 SDR 99, effective December 22, 2003.
• General Authority: SDCL 41-2-18(11).
• Law Implemented: SDCL 41-2-18(11), 41-6-31.

ARSD 41:09:02:06 Enclosing wild and captive-raised game birds in same package prohibited

No wild game bird may be packaged or shipped within a container that includes any game bird that has not been shot and that was propagated under a captive game bird license.

History

• Source: SL 1975, ch 16, § 1; 8 SDR 86, effective January 18, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 30 SDR 99, effective December 22, 2003.
• General Authority: SDCL 41-2-18(11).
• Law Implemented: SDCL 41-2-18(11), 41-6-31.

ARSD 41:09:02:06.01 Release to the wild prohibited

A person may not release into the wild within the state any game birds, except ring-necked pheasants, partridge, wild turkeys, or quail, without written consent of the department.

History

• Source: 8 SDR 86, effective January 18, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 13 SDR 128, effective March 22, 1987; 40 SDR 121, effective January 6, 2014; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(11).
• Law Implemented: SDCL 41-2-18(11), 41-6-31.

ARSD 41:09:02:07 Repealed

Reports required.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 8 SDR 86, effective January 18, 1982; repealed, 10 SDR 12, effective August 17, 1983.

ARSD 41:09:02:08 Records required -- Contents -- Inspection -- Submission of annual report

Each commercial captive game bird licensee shall keep a written record of all game birds sold under the license. The record shall include:

(1) The name and address of the purchaser;

(2) The total number of game birds sold by species, sex, and age;

(3) The date of the transaction; and

(4) The destination of the game birds by county.

Each written record must be kept current and is subject to inspection by any department representative during normal business hours. The licensee shall retain each written record for a period of three consecutive calendar years beginning January 1 of the year following the year in which the record was completed.

Each commercial captive game bird licensee shall submit an annual report to the department summarizing the number of game birds sold by species, sex, and age. The annual report must be submitted on forms provided by the department or forms provided by the licensee and having the prior approval of the department. The annual report for the previous calendar year must be submitted to the department no later than January 31.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 30 SDR 99, effective December 22, 2003; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(11)(13).
• Law Implemented: SDCL 41-2-18(11)(13), 41-6-31.

ARSD 41:09:02:08.01 Premises to be open to inspection

A licensee shall permit an authorized department representative to inspect the game birds and the facilities in which these birds are held in captivity, during normal business hours.

History

• Source: 8 SDR 86, effective January 18, 1982; 10 SDR 12, effective August 17, 1983; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 30 SDR 99, effective December 22, 2003; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(11).
• Law Implemented: SDCL 41-2-18(11), 41-6-31.

ARSD 41:09:02:09 Revocation or refusal to issue license

The department may refuse to issue or may revoke a license to a licensee under the following circumstances:

(1) The licensee has violated a provision of this chapter governing the breeding and propagation of game birds;

(2) The licensee has made false or misleading statements or has practiced fraud or misrepresentation in connection with the buying, selling, releasing, exchanging, solicitation, or negotiation of the sale of game birds;

(3) The licensee failed to provide adequately for the birds under care;

(4) The licensee failed to keep required written records; or

(5) The licensee failed to submit an annual report to the department.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 12, effective August 17, 1983; transferred from § 41:09:02:02.02, 10 SDR 76, 10 SDR 102, effective July 1, 1984; 30 SDR 99, effective December 22, 2003.
• General Authority: SDCL 41-2-18(11).
• Law Implemented: SDCL 41-2-18(11), 41-6-31.

Chapter 41:09:03 Boats for hire, Repealed

ARSD 41:09:03 Repealed chapter

CHAPTER 41:09:03

BOATS FOR HIRE

(Repealed. 14 SDR 164, effective June 16, 1988)

Chapter 41:09:04 Bait

ARSD 41:09:04:01 Repealed

Baitfish defined.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1981; repealed, 11 SDR 156, effective May 27, 1985.

ARSD 41:09:04:02 Taking, possession, and transportation

Only lawful anglers and bait dealers may take, possess, or transport bait from the waters of the state.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 35 SDR 253, effective May 13, 2009.
• General Authority: SDCL 41-2-18(1)(21).
• Law Implemented: SDCL 41-2-18(1)(21), 41-6-44, 41-6-45.

ARSD 41:09:04:02.01 License fees

The fees for bait dealer licenses are as follows:

(1) Resident retail bait dealer, $30;

(2) Resident wholesale bait dealer, $275;

(3) Nonresident wholesale bait dealer, $550;

(4) Export bait dealer, $400; and

(5) Nonresident retail bait dealer, $55.

Each bait dealer license expires on January 31 of the calendar year following the year in which the license was issued.

History

• Source: 10 SDR 148, effective July 11, 1984; 11 SDR 156, effective May 27, 1985; 15 SDR 103, effective January 19, 1989; 16 SDR 114, effective January 18, 1990; 35 SDR 184, effective February 2, 2009; 36 SDR 112, effective January 11, 2010; 37 SDR 112, effective December 8, 2010; 38 SDR 116, effective January 10, 2012; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-6-10(2)(11)(15)(25)(28).
• Law Implemented: SDCL 41-6-10(2)(11)(15)(25)(28).

ARSD 41:09:04:02.02 Species that may be taken as bait for commercial use

Species that may be taken and sold by any licensed resident bait dealer or sold by any licensed nonresident bait dealer are: fathead minnow, white sucker, creek chub, golden shiner, emerald shiner, spottail shiner, flathead chub, western silvery minnow, plains minnow, all subspecies of tiger salamander, all subspecies of leopard frog, crayfish (Lacunicambarus diogenes, Faxonius immunis, Faxonius virilis, and Faxonius causeyi), freshwater shrimp, and leeches.

History

• Source: 23 SDR 87, effective December 3, 1996; 30 SDR 99, effective December 22, 2003; 32 SDR 183, effective May 9, 2006; 35 SDR 253, effective May 13, 2009; 40 SDR 113, effective December 16, 2013; 51 SDR 53, effective November 11, 2024.
• General Authority: SDCL 41-2-18(1)(2)(3)(9).
• Law Implemented: SDCL 41-2-18(1)(2)(3)(9).

ARSD 41:09:04:02.03 Transferred

Transferred to § 41:09:04:02.05**

ARSD 41:09:04:02.04 Species that may be taken as bait for noncommercial use

04 Species that may be taken as bait for noncommercial use. Species that may be taken as bait by legal anglers for noncommercial use, by methods described in § 41:09:04:04, are: flathead chub, western silvery minnow, plains minnow, fathead minnow, white sucker, creek chub, golden shiner, emerald shiner, spottail shiner, gizzard shad, all subspecies of tiger salamander, all subspecies of leopard frog, freshwater shrimp, leeches, and the following types of crayfish:

(1) Lacunicambarus diogenes;

(2) Faxonius immunis;

(3) Faxonius virilis; and

(4) Faxonius causeyi.

Live gizzard shad may not be transported away from the water in which they were taken.

History

• Source: 35 SDR 184, effective February 2, 2009; 38 SDR 116, effective January 10, 2012; 40 SDR 113, effective December 16, 2013; 50 SDR 62, effective November 27, 2023; 51 SDR 53, effective November 11, 2024.
• General Authority: SDCL 41-2-18(1)(2)(3)(9).
• Law Implemented: SDCL 41-2-18(1)(2)(3)(9).

ARSD 41:09:04:02.05 Noncommercial limits defined

The limits for species listed in § 41:09:04:02.04 that a lawful angler may take and possess from the waters of the state for noncommercial use are:

(1) Baitfish (all species aggregate), crayfish (all species aggregate), freshwater shrimp, and leeches: 144 daily and possession for each specie aggregate; and

(2) Tiger salamander (all subspecies aggregate) and leopard frog (all subspecies aggregate): 24 daily and possession for each specie aggregate.

The limits listed in this section do not apply to bait purchased from a licensed bait dealer.

History

• Source: 30 SDR 99, effective December 22, 2003; transferred from § 41:09:04:02.03, 35 SDR 184, effective February 2, 2009; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(2)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(21).

ARSD 41:09:04:02.06 Eligibility for bait dealers, agents, and employees

41 : 09 : 04 : 02.06 . Eligibility for bait dealers, agents , and employees. A bait dealer shall list, on the dealer's application, each employee or agent who will engage in trapping, transporting, delivering, raising, or seining bait taken from the waters of the state. No person other than one who is registered as an agent or an employee of a licensed bait dealer may exercise the privileges conveyed in the permit in accordance with § 41:09:04:02. The department may refuse to issue a bait dealer license to or amend the license of any bait dealer who employs an individual or has an agent exercising the aforementioned privileges if in the previous or current calendar year the individual or agent:

(a) Had a bait dealer license suspended or revoked; or

(b) Had been denied a bait dealer license.

The period of ineligibility of a person to be employed by a bait dealer for a cause shall not exceed one year.

History

• Source: 44 SDR 151, effective April 30, 2018; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(21).
• Law Implemented: SDCL 41-2-18(1)(21), 41-6-44, 41-6-45.

ARSD 41:09:04:03 Waters closed to commercial and noncommercial taking of bait

Waters closed to** commercial and noncommercial taking of bait. Notwithstanding the provisions of § 41:09:04:04, the following waters are closed to commercial and noncommercial taking of bait year-round:

(1) Creeks, streams or rivers, permanent or temporary in the following counties and areas: Aurora, Beadle, Bon Homme, Brown, Clay, Davison, Edmunds, Faulk, Hand, Hanson, Hutchinson, Jerauld, Lincoln, McCook, McPherson, Miner, Minnehaha, Moody, Sanborn, Spink, Turner, Union, and Yankton Counties; with the exception of that portion of Lewis and Clark Lake and the Missouri River above Gavins Point Dam in Yankton and Bon Homme Counties for noncommercial take;

(2) Beadle County: Lake Byron and Mud Lake;

(3) Brookings County: Interstate Lake;

(4) Butte County: Newell Lake;

(5) Deuel County: Lake Alice;

(6) Edmunds County: Mina Lake;

(7) Pennington County: Pactola Lake, Sheridan lake, and Deerfield Lake; and

(8) Yankton County: Lake Yankton.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 156, effective May 27, 1985; 15 SDR 103, effective January 19, 1989; 16 SDR 114, effective January 18, 1990; 18 SDR 98, effective December 12, 1991; 19 SDR 82, effective December 7, 1992; 20 SDR 87, effective December 13, 1993; 21 SDR 102, effective December 8, 1994; 25 SDR 85, effective December 21, 1998; 27 SDR 47, effective November 12, 2000; 30 SDR 99, effective December 22, 2003; 31 SDR 89, effective December 27, 2004; 32 SDR 109, effective December 27, 2005; 34 SDR 179, effective December 24, 2007; 35 SDR 253, effective May 13, 2009; 37 SDR 112, effective December 8, 2010; 38 SDR 116, effective January 10, 2012; 39 SDR 33, effective Sept 5, 2012; 39 SDR 100, effective December 3, 2012; 40 SDR 113, effective December 16, 2013; 41 SDR 107, effective January 5, 2015; 42 SDR 93, effective December 30, 2015; 43 SDR 89, effective December 29, 2016; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(2)(3)(4)(5)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(3)(4)(5)(21), 41-6-44, 41-6-45, 41-14-35.

ARSD 41:09:04:03.01 Waters closed to commercial taking of bait

41 : 09 : 04 : 03.01 . Waters closed to commercial taking of bait. Notwithstanding the provisions of § 41:09:04:04, the following waters are closed to commercial taking of bait year-round:

(1) Aurora County: Wilmarth Lake;

(2) Beadle County: Ravine Lake and Staum Dam;

(3) Bennett County: Allen Dam, Lacreek Refuge Pools 1-10, Lake Creek, Cedar Creek Dam 1, Cedar Creek Dam 2, Cedar Creek Dam 3, and Little White River;

(4) Bon Homme County: Lewis and Clark Lake, and Lake Henry;

(5) Brookings County: Lake Sinai, Lake Poinsett, Twin Lake east of U.S. Highway 81, Brush Lake, Nature Park East Pond, Nature Park West Pond, and Nelson WPA/GPA;

(6) Brown County: Elm Lake, Richmond Lake, Pigors Dam, and Wiley Park Pond;

(7) Brule County: Wells Dam, Lake Francis Case, Lake Wanalain, and Lake Sixteen;

(8) Buffalo County: Lake Francis Case and Lake Sharpe;

(9) Butte County: Orman Reservoir (Belle Fourche Reservoir), and Red Water River;

(10) Campbell County: Lake Campbell, Lake Pocasse, and Lake Oahe;

(11) Charles Mix County: Academy Lake, Lake Andes South Unit, Lake Andes North Unit, Dante Lake, Geddes Lake, Lake Platte, Lake Wagner, Lake Francis Case, and the Missouri River;

(12) Codington County: Lake Kampeska, Kampeska Fish Ponds (Sand Pits), Pelican Lake, Bramble Pond, Punished Woman Lake, Horshoe Lake, McKilligans Slough, and 3rd Avenue Pond;

(13) Corson County: Lake Oahe, Lake Pudwell, Lake Morristown, East and West, Mallard Slough, McGee Slough, and Trail City Dam;

(14) Davison County: Lake Mitchell;

(15) Day County: Lake Amsden, Antelope Lake, Bitter Lake, Blue Dog Lake, Campbell Slough, East Krause Lake, Lake Enemy Swim, Hazeldon Lake, Horshoe Lake, Lynn Lake, Pickerel Lake, Pierpont Lake, Middle Lynn Lake, Lake Minnewasta, Owen Creek, Opits Lake, and Waubay Lake;

(16) Deuel County: Bullhead Lake, Lake Cochrane, Gary Creek, and Cobb Creek;

(17) Dewey County: Lake Oahe, Eagle Butte Dam, Little Moreau #1 Dam, Little Moreau #2 Dam, Little Moreau #3, Lantry Lake, and the Moreau River;

(18) Douglas County: Lake Corsica;

(19) Fall River County: Angostura Reservoir;

(20) Faulk County: Lake Cresbard and Lake Faulkton;

(21) Grant County: Hunter Granite Quarry and Summit Lake;

(22) Gregory County: Lake Berry, Burke Lake, Fairfax Lake, Lake Herrick, Lake Francis Case, and the Missouri River;

(23) Haakon County: Sunshine Dam, Waggoner Lake, and Kroetch Dam;

(24) Hamlin County: Lake Poinsett and Mickleson Marsh;

(25) Hand County: Dakota Lake, Jones Lake, Lake Louise, and Pearl Lake;

(26) Hanson County: Lake Ethan and Lake Hanson;

(27) Harding County: Buffalo Lake (Gardner);

(28) Hughes County: Woodruff Dam, Lake Oahe, and Lake Sharpe;

(29) Hutchinson County: Tripp Lake, Dimock Lake, Lake Menno;

(30) Hyde County: Mission Dam (Boehm), Peno Dam, and Lake Sharpe;

(31) Jerauld County: Twin Lake;

(32) Jones: Murdo Lake, Murdo Railroad Dam, Okaton Dam, Bad River, White River, and Fort Pierre National Grassland dams;

(33) Kingsbury County: Lake Thompson and Twin Lake west of U.S. Highway 81;

(34) Lake County: Lake Madison, Brant Lake, Round Lake, Lake Herman and its connecting waters, Long Lake, and Lake Herman State Park Pond;

(35) Lincoln County: Lake Alvin, Lake Lakota, and Rollings GPA Pond;

(36) Lyman County: Brakke Dam, Fate Dam, Larson Dam, Reliance Dam, Byre Dam, Lake Francis Case, Lake Sharpe, White River, and Ft. Pierre National Grassland Dams;

(37) McCook County: East Vermillion Lake, Island Lake north of County Highway 110, and Island Lake south of County Highway 110;

(38) McPherson County: Lake Eureka and Lake Leola;

(39) Marshall County: North Buffalo Lake, South Buffalo Lake, Bullhead Lake, Cattail/Kettle Lake, Clear Lake, Cottonwood Lake, Hickman Dam, Nine Mile Lake, Red Iron Lake, South, Roy Lake, Six Mile Lake, and White Lake;

(40) Meade County: Bear Butte Lake, Curlew Lake, Durkee Lake, Ft. Meade BLM Pond, and Tisdale Dam;

(41) Mellette County: White River Dam, White River, and Little White River;

(42) Miner County: Lake Carthage;

(43) Minnehaha County: Wall Lake, Loss Lake, Island Lake north of County Highway 110, Island Lake south of County Highway 110, Scott Lake, and Twin Lake;

(44) Pennington County: New Underwood Dam, New Wall Dam, Old Wall Dam, Quinn Dam, Quinn Township Dam, Tennyson Dam, and Wicksville Dam;

(45) Perkins County: Shadehill Reservoir, Lemon Lake Game Production Area, Flat Creek Lake, Sorum Dam, Coal Springs Lake, Own Dam, Cole Dam, and 73 Dam;

(46) Potter County: Simon Dam, Potts Dam, Lake Hurley, and Lake Oahe;

(47) Roberts County: Whitestone Lake;

(48) Sanborn County: Twin Lake;

(49) Spink County: Cottonwood Lake; Redfield Lake, Mud Lake, and Twin Lake;

(50) Stanley County: Hayes Lake, Lake Oahe, Lake Sharpe, Missouri River, Bad River, and Ft. Pierre National Grassland dams;

(51) Sully County: Lake Oahe, Cottonwood Lake, and Sully Lake;

(52) Tripp County: Roosevelt Lake, Beaulieu Dam; King Dam, Rahn Dam, Dog Ear Lake, White River and Keya Paha River;

(53) Turner County: Swan Lake;

(54) Union County: McCook Lake;

(55) Walworth County: Lake Oahe, Lake Molstad, and Swan Lake;

(56) Yankton County: Lake Marindahl, and Lewis and Clark Lake;

(57) Ziebach County: Bednor Lake, Lake Oahe, Glad Valley Dam, Miller Dam, and Buffalo Dam; and

(58) All waters within the Black Hills Fish Management Area as defined in § 41:07:01:01.

History

• Source: 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(2)(3)(4)(5)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(3)(4)(5)(21), 41-6-44, 41-6-45, 41-14-35.

ARSD 41:09:04:03.02 Waters closed to commercial taking of bait from May 1 through July 31

41 : 09 : 04 : 03.02 . Waters closed to commercial taking of bait from May 1 through July 31. Notwithstanding the provisions of § 41:09:04:04, the following waters are closed to commercial taking of bait from May 1 through July 31:

(1) Codington County: That portion of Long Lake that lies in sections 11, 12, 13, and 14 of township 117 north, range 55 west, Goose Lake Game Production area land and water, Stover Lake in sections 8 and 9, township 118 north, range 55 west, Cotton/Yahota Slough in section 10, township 117 north, range 53 west Game Production Area, and Hodgins Area Warner Lake Game Production Area in section 18, township 118 north, range 55 west Game Production Area;

(2) Deuel County: Altamont Area in section 16, township 116 north, range 49 west Game Production Area;

(3) Hamlin County: Johnson's Slough in sections 21 and 28, township 113 north, range 55 west Game Production Area and water, Eidsness Area in section 6, township 115 north, range 55 west Game Production Area, and Gertsen Slough in section 36, township 113 north, range 54 west Game Production Area; and

(4) Marshall County: Four-Mile Clubhouse Game Production Area.

History

• Source: 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(2)(3)(4)(5)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(3)(4)(5)(21), 41-6-44, 41-6-45, 41-14-35.

ARSD 41:09:04:03.03 Waters closed to commercial and noncommercial taking of freshwater mussels

41 : 09 : 04 : 03.03 . Waters closed to commercial and noncommercial taking of freshwater mussels. All waters of the state, including waters bordering with other states, are closed to the harvest of freshwater mussels for commercial and noncommercial purposes. However, except for threatened or endangered species, dead mussel shells may be possessed. No person may buy, sell, barter, or trade any species of freshwater mussel or their shells.

History

• Source: 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(2)(3)(4)(5)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(3)(4)(5)(21), 41-6-44, 41-6-45, 41-14-35.

ARSD 41:09:04:04 Seines, nets, and traps limited

Licensed resident wholesale and retail bait dealers may possess and use regular or bag seines not longer than fifty feet nor deeper than six feet.

All traps must have a rigid entrance no larger than one inch wide.

Trap throats exposed above the surface of the water must be blocked by a solid shield or mesh to prevent the entrapment of waterfowl. No seine, net, or trap, used for the commercial taking of bait, may contain flexible mesh larger than three-eighths inch square.

The department may issue a permit for the use of a seine, net, or trap, larger than specified, if the device is used to stock public waters with white suckers for rearing and harvest.

There are no mesh-size or size restrictions for traps, seines, dip nets, lift nets, or cast nets used to take bait for noncommercial use.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 156, effective May 27, 1985; 15 SDR 103, effective January 19, 1989; 35 SDR 253, effective May 13, 2009; 36 SDR 112, effective January 11, 2010; 39 SDR 100, effective December 3, 2012; 48 SDR 60, effective December 8, 2021; 50 SDR 62, effective November 27, 2023.
• General Authority: SDCL 41-2-18(1)(14)(21).
• Law Implemented: SDCL 41-2-18(1)(14), 41-6-44, 41-6-45.

ARSD 41:09:04:05 Trap spacing limited -- Emptying required

Bait traps may not be set to cover more than one-half of the width of a stream. All bait traps must be lifted and emptied of fish often enough to prevent loss of bait or other fish, at least once every 48 hours between May 15 and September 14, and at least once every 96 hours between September 15 and May 14.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 17 SDR 78, effective December 10, 1990; 35 SDR 184, effective February 2, 2009; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(21).
• Law Implemented: SDCL 41-2-18(1)(21).

ARSD 41:09:04:06 Trap marking required -- Licensee liable

All bait traps shall be marked conspicuously and legibly with the licensee's name and address. Any bait trap lost or stolen shall be reported within five days of knowledge of loss to a conservation officer.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 156, effective May 27, 1985; 15 SDR 103, effective January 19, 1989; 17 SDR 78, effective December 10, 1990; 35 SDR 184, effective February 2, 2009.
• General Authority: SDCL 41-2-18(1)(14)(21).
• Law Implemented: SDCL 41-2-18(1)(14)(21)

ARSD 41:09:04:07 Game fish and endangered species to be returned to waters -- Rough fish may be destroyed

Game fish or threatened and endangered species defined in §§ 41:10:02:05 and 41:10:02:06 taken in any bait trap, net, or seine shall be returned to the waters from which taken as soon as possible to prevent visible stress and death and shall not be transported away from the water in which it was taken for any reason. Rough fish may be destroyed provided the fish is buried or disposed of in a manner conforming with SDCL 34A-7-6.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 156, effective May 27, 1985; 15 SDR 103, effective January 19, 1989; 35 SDR 253, effective May 13, 2009.
• General Authority: SDCL 41-2-18(1)(2)(3)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(3)(21).

ARSD 41:09:04:08 Repealed

Bait transportation requirements.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 35 SDR 184, effective February 2, 2009; repealed, 39 SDR 10, effective August 1, 2012.

ARSD 41:09:04:09 Repealed

Keeping of bait restricted.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 35 SDR 253, effective May 13, 2009; repealed, 39 SDR 10, effective August 1, 2012.

ARSD 41:09:04:10 Repealed

Evidence of violation.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 156, effective May 27, 1985; 15 SDR 103, effective January 19, 1989; 35 SDR 184, effective February 2, 2009; 35 SDR 253, effective May 13, 2009; repealed, 39 SDR 10, effective August 1, 2012.

ARSD 41:09:04:11 Transportation by dealers -- Inspection

Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 35 SDR 184, effective February 2, 2009; repealed, 39 SDR 100, effective December 3, 2012.

ARSD 41:09:04:12 Transportation of baity and other fish by bait dealer

Transportation of bait and other fish by bait dealer.** A bait dealer may not transport other fish while transporting baitfish unless the dealer is legally licensed under a private hatchery license and the trip originates at the bait or private hatchery facility for the purpose of delivering fish to customers. Baitfish shall be completely separated from the other fish in separate compartments to allow inspection. Transportation equipment shall allow for inspection of bait and other fish at all times.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 35 SDR 253, effective May 13, 2009; 39 SDR 100, effective December 3, 2012.
• General Authority: SDCL 41-2-18(1)(2)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(21), 41-6-44, 41-6-45.

ARSD 41:09:04:13 Repealed

Transportation of sucker spawn or frogs prohibited.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 35 SDR 253, effective May 13, 2009; repealed, 39 SDR 10, effective August 1, 2012.

ARSD 41:09:04:14 Bait dealer's license displayed

A copy of the bait dealer's license shall be conspicuously displayed in all places where bait is sold.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 35 SDR 253, effective May 13, 2009.
• General Authority: SDCL 41-2-18(2)(13)(21).
• Law Implemented: SDCL 41-2-18(2)(13)(21), 41-6-44, 41-6-45.

ARSD 41:09:04:14.01 Bait dealer's license in possession while transporting bait

The applicable wholesale, retail, or export bait dealer's license, or a legible copy thereof, shall be kept in each vehicle used by a bait dealer or the dealer's agent to transport bait. Such license or copy shall be made available for inspection upon request of any law enforcement officer whose authority includes enforcement of the baitfish laws of this state.

History

• Source: 27 SDR 47, effective November 12, 2000.
• General Authority: SDCL 41-2-18(1)(2)(10)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(10)(21), 41-6-44, 41-6-44.1, 41-6-45, 41-6-45.1, 41-6-63.

ARSD 41:09:04:15 Equipment identification

The name or business name of the bait dealer and the word "Bait" shall be conspicuously displayed in letters and numbers not less than three inches high and one inch wide on both sides of each vehicle or tank used in transporting bait. The letters and numbers shall contrast markedly in color with the surface on which they are placed. If the lettering is on the tank and not the vehicle, the lettering must be placed so that it is as conspicuous as if it were on the side of the vehicle.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 35 SDR 184, effective February 2, 2009; 35 SDR 253, effective May 13, 2009.
• General Authority: SDCL 41-2-18(1)(2)(10)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(10)(21), 41-6-44, 41-6-44.1, 41-6-45, 41-6-45.1.

ARSD 41:09:04:16 Records required

All records required in §§ 41:09:04:16.01 through 41:09:04:16.06, must be recorded and maintained on forms supplied by the department, or electronically in a format approved by the department.

Each record must be kept current and available for inspection by personnel of the department, during normal business hours, at the physical location of the business where the record is kept, as indicated on the license application, for a period of three years after the end of the license year. Each record for a resident bait dealer must be kept within the state. Each bait dealer shall submit a summary of the dealer's yearly records to the department by January 31 of the following calendar year. The department may refuse to issue a new license if these records are not submitted.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 11 SDR 156, effective May 27, 1985; 15 SDR 103, effective January 19, 1989; 25 SDR 85, effective December 21, 1998; 35 SDR 253, effective May 13, 2009; 37 SDR 112, effective December 8, 2010; 39 SDR 100, effective December 3, 2012; 48 SDR 60, effective December 8, 2021.
• General Authority: SDCL 41-2-18(1)(2)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(21), 41-6-44, 41-6-44.1, 41-6-45, 41-6-45.1.

ARSD 41:09:04:16.01 Records required for bait taken in South Dakota waters

Licensed resident wholesale and retail bait dealers shall maintain the following records for bait taken in South Dakota waters:

(1) Date;

(2) Name of water;

(3) Location of the water by legal description;

(4) Gallons of baitfish taken by species;

(5) Number of amphibians taken by species;

(6) Number of crustaceans taken by species; and

(7) Pounds of leeches taken.

History

• Source: 35 SDR 253, effective May 13, 2009.
• General Authority: SDCL 41-2-18(1)(2)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(21), 41-6-44, 41-6-44.1, 41-6-45, 41-6-45.1.

ARSD 41:09:04:16.02 Records required for bait imported into South Dakota

Licensed resident wholesale and retail bait dealers shall maintain the following records for bait imported into South Dakota:

(1) Date the bait was received;

(2) Name and address of supplier;

(3) Gallons of baitfish received by species;

(4) Importation permit number for baitfish received;

(5) Number of amphibians received by species;

(6) Number of crustaceans received by species; and

(7) Pounds of leeches received.

History

• Source: 35 SDR 253, effective May 13, 2009.
• General Authority: SDCL 41-2-18(1)(2)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(21), 41-6-44, 41-6-44.1, 41-6-45, 41-6-45.1.

ARSD 41:09:04:16.03 Repealed

Records required for bait sold at retail in South Dakota. Repealed.

History

• Source: 35 SDR 253, effective May 13, 2009; 48 SDR 60, effective December 8, 2021.

ARSD 41:09:04:16.04 Records required for bait sold at wholesale in South Dakota

Licensed resident wholesale bait dealers shall maintain the following records for bait sold at wholesale:

(1) Date sold;

(2) Name and address of buyer;

(3) Gallons of baitfish sold by species;

(4) Number of amphibians sold by species;

(5) Number of crustaceans sold by species; and

(6) Pounds of leeches sold.

History

• Source: 35 SDR 253, effective May 13, 2009.
• General Authority: SDCL 41-2-18(1)(2)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(21), 41-6-44, 41-6-44.1, 41-6-45, 41-6-45.1.

ARSD 41:09:04:16.05 Records required for bait purchased and transported out of South Dakota

Licensed export bait dealers shall maintain the following records for bait purchased and transported out of state:

(1) Date purchased;

(2) Name and address of supplier(s);

(3) Name and address of purchaser;

(4) State(s) where bait will be delivered;

(5) Gallons of baitfish purchased by species;

(6) Number of amphibians purchased by species; and

(7) Number of crustaceans purchased by species.

History

• Source: 35 SDR 253, effective May 13, 2009.
• General Authority: SDCL 41-2-18(1)(2)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(21), 41-6-44, 41-6-44.1, 41-6-45, 41-6-45.1.

ARSD 41:09:04:16.06 Records required for nonresident bait dealers for bait sold or purchased in South Dakota

Licensed nonresident bait dealers shall maintain the following records for bait sold or purchased in the state:

(1) Date of purchase or sale;

(2) Name and address of buyer or seller;

(3) Gallons of baitfish bought or sold by species;

(4) Number of amphibians bought or sold by species;

(5) Number of crustaceans bought or sold by species; and

(6) Pounds of leeches bought and sold.

History

• Source: 35 SDR 253, effective May 13, 2009.
• General Authority: SDCL 41-2-18(1)(2)(21).
• Law Implemented: SDCL 41-2-18(1)(2)(21), 41-6-44, 41-6-44.1, 41-6-45, 41-6-45.1.

ARSD 41:09:04:17 Conviction for violation may be cause for revocation and non-renewal of bait dealer license

A conviction for a violation of this chapter or of SDCL 41-6-44 through 41-6-45.1 by a bait dealer, or a bait dealer's agent or employee, may be cause for immediate revocation of the bait dealer's current license and serve as the basis for the department's refusal to issue a license to the bait dealer for the calendar year following the year of conviction.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 35 SDR 253, effective May 13, 2009; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(2)(21), 41-6-10.
• Law Implemented: SDCL 41-2-18(1)(2)(21), 41-6-10, 41-6-44, 41-6-44.1, 41-6-45, 41-6-45.1.

Chapter 41:09:05 Frog dealers, Repealed

ARSD 41:09:05 Repealed chapter

CHAPTER 41:09:05

FROG DEALERS

(Repealed. 15 SDR 103, effective January 19, 1989)

Chapter 41:09:06 Raptors

ARSD 41:09:06:01 Transferred

Transferred to § 41:09:06:17.**

ARSD 41:09:06:02 Transferred

Transferred to § 41:09:06:18.**

ARSD 41:09:06:03 Repealed

Nonresident restrictions.** Repealed.

History

• Source: SL 1975, ch 16, § 1; repealed, 3 SDR 51, effective January 26, 1977.

ARSD 41:09:06:04 Transferred

Transferred to §** 41:09:06:19.

ARSD 41:09:06:05 Transferred

Transferred to § 41:09:06:18.**

ARSD 41:09:06:05.01 Transferred

Transferred to § 41:09:06:23.**

ARSD 41:09:06:06 Transferred

Transferred to § 41:09:06:20.**

ARSD 41:09:06:06.01 Transferred

Transferred to § 41:09:06:31.**

ARSD 41:09:06:07 Transferred

Transferred to § 41:09:06:25.**

ARSD 41:09:06:08 Transferred

Transferred to § 41:09:06:21.**

ARSD 41:09:06:09 Transferred

Transferred to §§ 41:09:06:28 and 41:09:06:30.**

ARSD 41:09:06:09.01 Transferred

Transferred to § 41:09:06:28.**

ARSD 41:09:06:10 Transferred

Transferred to § 41:09:06:24.**

ARSD 41:09:06:10.01 Transferred

Transferred to §§ 41:09:06:26 and 41:09:06:27.**

ARSD 41:09:06:11 Transferred

Transferred to § 41:09:06:24.**

ARSD 41:09:06:12 Transferred

Transferred to § 41:09:06:18.**

ARSD 41:09:06:13 Transferred

Transferred to § 41:09:06:29.**

ARSD 41:09:06:14 Repealed

Removal of eggs from nest forbidden.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 12 SDR 92, effective December 4, 1985.

ARSD 41:09:06:15 Transferred

Transferred to § 41:09:06:22.**

ARSD 41:09:06:16 Transferred

Transferred to § 41:09:06:31.**

ARSD 41:09:06:17 Definitions

As used in this chapter:

(1) "Falconry" means the sport of taking quarry by means of a trained raptor;

(2) "Raptor" means all birds that are members of the order Falconiformes or Strigiformes including falcons, hawks, eagles, owls, and vultures;

(3) "Take" means to trap or capture, or to attempt to trap or capture, a raptor; and

(4) "Possession" means actual or constructive control or custody of a wild or captive bred raptor, but not ownership of a wild raptor.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 51, effective January 26, 1977; 5 SDR 108, effective June 28, 1979; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:01, 12 SDR 92, effective December 4, 1985; 36 SDR 170, adopted April 21, 2010, effective January 1, 2011; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(20).
• Law Implemented: SDCL 41-2-18(2)(20), 41-11-11.

ARSD 41:09:06:18 Application for falconry permit -- Requirements -- Limitations

A person may not take, transport, possess, sell, purchase, barter, or offer to sell, purchase, or barter a raptor unless a falconry permit or a special permit to do so is obtained under this chapter. Only residents of South Dakota may apply for a falconry permit. Nonresident falconers who become residents of South Dakota have 90 days to apply for a resident falconry permit; in the interim their current state permit will remain valid. The department may not issue a permit to an applicant unless the applicant has paid the fees required under § 41:09:06:19. Applicants for an apprentice permit must pass a written examination given by the department concerning raptors and falconry. The applicant must answer correctly at least 80 percent of the questions on the written examination. If the applicant fails to pass the examination, the applicant may not reapply for a license until at least six months after the date of the examination.

General or master permittees may be assigned as sponsor to no more than three apprentice permittees at one time. All permits are nontransferable. If the department does not have notice of incompetence or unfitness of an applicant whose permit has expired, a permit may be renewed without requiring further examination; otherwise, a reexamination may be required or the renewal may be denied. Permittees who fail to renew their permit may have their raptors confiscated and may be required to reapply for, take, and pass the falconry permit examination.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 51, effective January 26, 1977; 5 SDR 108, effective June 28, 1979; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from §§ 41:09:06:02, 41:09:06:05, and 41:09:06:12, 12 SDR 92, effective December 4, 1985; 16 SDR 169, effective April 23, 1990; 24 SDR 107, effective February 26, 1998; 25 SDR 193, effective July 19, 1998; 36 SDR 170, adopted April 21, 2010, effective January 1, 2011; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(12)(13)(20).
• Law Implemented: SDCL 41-2-18(12)(13)(20), 41-11-11.

ARSD 41:09:06:19 Permit fees

A falconry permit expires on the date designated on the face of the permit unless it is revoked, but not more than three years from the date of issuance or renewal. Licenses shall be renewed at three-year intervals. New permits issued during a three-year interval shall be issued for the remainder of that three-year period. The fee for an initial apprentice falconry permit, an initial general raptor permit, or a master falconry permit is $50 for the initial year. The fee for a renewal permit of any class is $50.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 51, effective January 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:04, 12 SDR 92, effective December 4, 1985; 14 SDR 40, effective September 23, 1987; 16 SDR 220, effective June 21, 1990; 31 SDR 83, effective December 12, 2004.
• General Authority: SDCL 41-2-18(13).
• Law Implemented: SDCL 41-2-18(13).

ARSD 41:09:06:20 Inspection of facilities

Before issuance of a permit allowing the possession of raptors, a department representative shall inspect the applicant's facilities for keeping the raptors. Any deficiencies noted must be corrected before a falconry permit is issued.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 51, effective January 26, 1977; 5 SDR 108, effective June 28, 1979; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:06, 12 SDR 92, effective December 4, 1985; 36 SDR 170, adopted April 21, 2010, effective January 1, 2011; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(20).
• Law Implemented: SDCL 41-2-18(2)(20), 41-11-11.

ARSD 41:09:06:21 Taking or acquisition of raptors -- Trapping requirements

No person may take or attempt to take any raptor without first acquiring a raptor collecting permit issued by the department. A permittee shall have the raptor collecting permit in immediate possession while taking or attempting to take any raptor. Each nonresident applicant shall provide a copy of any federal and home state falconry permit prior to being issued a raptor collecting permit. The fee for a nonresident raptor collecting permit is $200. No permittee may take, purchase, receive, or otherwise acquire or sell, barter, transfer, or otherwise dispose of any raptor unless the permittee submits a copy of the Migratory Bird Acquisition and Disposition Report to the department within ten calendar days after the transaction. Wild raptors may not be sold, purchased, traded or bartered. Wild raptors may only be transferred. No more than two wild raptors may be taken in any twelve month period.

The trapping of passage raptors is permitted only from August 1 through March 31. Raptors that are marked and have subsequently escaped may be retrapped at any time.

Only a resident general or master falconry permittee may take an eyas or fledging bird from a nest or aerie. At least one eyas must be left in the nest or aerie. An eyas may be taken only from May 1 through July 31. The permittee shall allow a department representative to observe the permittee's attempt to take an eyas if so requested by the department.

The taking of a wild raptor or the transfer of a raptor to or from a falconry permit must be reported to the state within ten days. The Migratory Bird Acquisition and Disposition Report must be used to submit the reports.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 51, effective January 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:08, 12 SDR 92, effective December 4, 1985; 16 SDR 169, effective April 23, 1990; 23 SDR 197, effective May 27, 1997; 34 SDR 67, effective September 10, 2007; 36 SDR 170, effective May 11, 2010; 36 SDR 170, adopted April 21, 2010, effective January 1, 2011; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(20).
• Law Implemented: SDCL 41-2-18(20), 41-11-11.

ARSD 41:09:06:22 Threatened and endangered species protected

A person may not capture or possess a raptor designated as a threatened or endangered species under 50 C.F.R. Part 17 (April 10, 1987) or capture a raptor listed as threatened or endangered under chapter 41:10:02 without a special permit issued by the department secretary.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 108, effective June 28, 1979; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:15, 12 SDR 92, effective December 4, 1985; 16 SDR 169, effective April 23, 1990; 36 SDR 170, adopted April 21, 2010, effective January 1, 2011.
• General Authority: SDCL 41-2-18(2)(3)(20).
• Law Implemented: SDCL 41-2-18(2)(3)(20), 41-11-11.

ARSD 41:09:06:23 Repealed. Repealed

Permanent marking -- Restrictions.** Repealed.

History

• Source: 3 SDR 51, effective January 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:05.01, 12 SDR 92, effective December 4, 1985; 16 SDR 169, effective April 23, 1990; 34 SDR 67, effective September 10, 2007; repealed, 36 SDR 170, adopted April 21, 2010, effective January 1, 2011.
• General Authority: SDCL 41-2-18(20).
• Law Implemented: SDCL 41-2-18(20), 41-11-11.

ARSD 41:09:06:24 Repealed

Transportation -- Permit required.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 51, effective January 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from §§ 41:09:06:10 and 41:09:06:11, 12 SDR 92, effective December 4, 1985; repealed, 16 SDR 169, effective April 23, 1990.

ARSD 41:09:06:25 Repealed

Report of loss of raptor -- Release procedure.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 51, effective January 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:07, 12 SDR 92, effective December 4, 1985; 16 SDR 169, effective April 23, 1990; repealed, 36 SDR 170, adopted April 21, 2010, effective January 1, 2011.
• General Authority: SDCL 41-2-18.
• Law Implemented: SDCL 41-2-18, 41-11-11.

ARSD 41:09:06:26 Repealed

Temporary care of raptors.** Repealed.

History

• Source: 3 SDR 51, effective January 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:10.01, 12 SDR 92, effective December 4, 1985; 16 SDR 169, effective April 23, 1990; repealed, 36 SDR 170, adopted April 21, 2010, effective January 1, 2011.
• General Authority: SDCL 41-2-18.
• Law Implemented: SDCL 41-2-18, 41-11-11.

ARSD 41:09:06:27 Repealed

Feather disposition.** Repealed.

History

• Source: 3 SDR 51, effective January 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:10.01, 12 SDR 92, effective December 4, 1985; repealed, 36 SDR 170, adopted April 21, 2010, effective January 1, 2011.
• General Authority: SDCL 41-2-18.
• Law Implemented: SDCL 41-2-18, 41-11-11.

ARSD 41:09:06:28 Hunting by falconry -- Requirements -- Restrictions

A person may hunt by falconry in South Dakota only if the person has been issued a falconry permit by the person's state of residence and has obtained all state hunting licenses as required by the statutes and rules applicable to the species being hunted. Nonmigratory game birds and game animals may be hunted with raptors from September 1 through March 31. Migratory game birds may be hunted only in accordance with state and federal migratory game bird season regulations for not more than 107 days from September 1 through January 15. The daily bag limit is three and the possession limit is six of any game species in the aggregate. During the raptor hunting season, protected nongame birds and animals taken incidentally by a raptor may not be retained or possessed by a permittee. A permittee may not hunt by falconry and be in possession of a firearm, except a pistol, or be accompanied by a person carrying a firearm, except a pistol.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 51, effective January 26, 1977; 5 SDR 108, effective June 28, 1979; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from §§ 41:09:06:09 and 41:09:06:09.01, 12 SDR 92, effective December 4, 1985; 17 SDR 51, effective October 10, 1990; 24 SDR 107, effective February 26, 1998; 34 SDR 179, effective December 24, 2007; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(20).
• Law Implemented: SDCL 41-2-18(2)(20), 41-11-11.

ARSD 41:09:06:29 Captive-bred raptors -- Requirements -- Restrictions

A person may engage in raptor breeding by obtaining written permission to do so from the department and the United States Fish and Wildlife Service. Wild raptors may not be transferred from a falconry permit to a captive breeding permit until two years after the date the wild raptor was captured. The permittee must allow a department representative to enter the permittee's premises at any reasonable hour to inspect propagation facilities and any raptors and to audit or copy any permits, books, or records required to be kept by this chapter or United States Fish and Wildlife Service regulation 50 C.F.R. Parts 13 (October 1, 2000) and 21 (October 8, 2008).

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:13, 12 SDR 92, effective December 4, 1985; 16 SDR 169, effective April 23, 1990; 24 SDR 107, effective February 26, 1998; 36 SDR 170, adopted April 21, 2010, effective January 1, 2011; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(12)(13)(20).
• Law Implemented: SDCL 41-2-18 (12)(13)(20), 41-11-11.

ARSD 41:09:06:30 Annual reports

A report of all raptors in possession shall be submitted by each falconry permittee to the department at the time of permit application or renewal. All falconry permittees who hunt by means of raptors shall also submit a complete report to the department by April 15 each year of hunting activities for the past hunting season on the form provided by the department for that purpose. Persons who fail to submit the reports by April 15 may be required to reapply for, take, and pass the raptor permit examination, and all raptors in possession are subject to confiscation.

History

• Source: SL 1975, ch 16, § 1; 3 SDR 51, effective January 26, 1977; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from § 41:09:06:09, 12 SDR 92, effective December 4, 1985; 16 SDR 169, effective April 23, 1990; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(12)(13)(20).
• Law Implemented: SDCL 41-2-18(2)(12)(13)(20), 41-11-11.

ARSD 41:09:06:31 Suspension and revocation of permits

A permit may be summarily suspended by the secretary of the department during the pendency of any proceedings involving the permittee's misuse of privileges extended by the permit or violation of this chapter. Before confiscation of birds or reclassification of permit, the permittee has the right to a hearing before a three-person board appointed by the secretary of the department.

Any one of the following is cause to confiscate raptors or restrict numbers or species of raptors in possession and to revoke, suspend, or reclassify a permittee or application:

(1) The permittee fails to correct any deficiency noted during inspection provided for in § 41:09:06:20 within seven days following receipt of notice of the deficiency from the department;

(2) Raptors show evidence of mishandling, mistreatment, injury, or death due to negligence; or

(3) The permittee fails to conform to the provisions of this chapter or violates any provision of this chapter or any provision of 50 C.F.R. Part 13 (October 1, 2000), Part 17 (April 10, 1987), and Part 21 (October 8, 2008).

History

• Source: 5 SDR 108, effective June 28, 1979; 10 SDR 76, 10 SDR 102, effective July 1, 1984; transferred from §§ 41:09:06:06.01 and 41:09:06:16, 12 SDR 92, effective December 4, 1985; 16 SDR 169, effective April 23, 1990; 36 SDR 170, adopted April 21, 2010, effective January 1, 2011; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(13)(20).
• Law Implemented: SDCL 41-2-18(2)(13)(20), 41-11-11.

ARSD 41:09:06:32 Standards for falconry

The standards for the practice of falconry in South Dakota are those in 50 C.F.R. § 21.29 (February 8, 2010).

History

• Source: 36 SDR 170, adopted April 21, 2010, effective January 1, 2011.
• General Authority: SDCL 41-2-18(1)(2)(3)(20).
• Law Implemented: SDCL 41-2-18(1)(2)(3)(20), 41-11-11.

Chapter 41:09:07 Private fish hatcheries

ARSD 41:09:07:01 Repealed

Applicability of chapter.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 29 SDR 80, effective December 10, 2002; repealed, 39 SDR 10, effective August 1, 2012.

ARSD 41:09:07:02 Hatchery license types and fees

The license types and fees for a private fish hatchery license are as follows:

(1) An aquaculture license authorizes the licensee to sell, possess, transport, propagate, rear, or produce live fish or any fish reproductive product for commercial purposes in any facility, man-made water, or natural water, approved by the department. The licensee and any licensee's employee may possess and use special netting equipment only in a facility and water approved under this license. The licensee may provide fishing for a fee or pecuniary consideration or advantage at each facility and water approved under this license only. The fee for a new aquaculture license is $275 plus a one-time inspection fee of $300 for each facility, man-made water, or natural water requiring department approval. The annual fee to renew an existing aquaculture license is $275. A one-time inspection fee of $300 shall be charged for each new facility, man-made water, or natural water requiring department approval for addition to an existing license. Any newly created waters may be exempted from the one-time inspection fee at the discretion of the department.

(2) A fee fishing license authorizes the licensee to stock, manage, and hold fish in any facility, man-made water, or natural water approved by the department for the purpose of providing fishing for a fee or pecuniary consideration or advantage. The licensee and any licensee's employee may possess and use special netting equipment only in a facility and water approved under this license. The fee for a new fee fishing license is $150 plus a one-time inspection fee of $300 for each facility, man-made water, or natural water requiring department approval. The annual fee to renew an existing fee fishing license is $150. A one-time inspection fee of $300 shall be charged for each new facility, man-made water, or natural water requiring department approval for addition to an existing license.

A private fish hatchery license expires January 31 of the calendar year directly following the year in which the license was issued.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 14 SDR 40, effective September 23, 1987; 29 SDR 80, effective December 10, 2002; 35 SDR 184, effective February 2, 2009; 37 SDR 112, effective December 8, 2010; 38 SDR 116, effective January 10, 2012; 39 SDR 10, effective August 1, 2012.
• General Authority: SDCL 41-2-18(1)(22).
• Law Implemented: SDCL 41-2-18(1)(22), 41-6-40.

ARSD 41:09:07:03 Repealed

License expiration.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 29 SDR 80, effective December 10, 2002; 37 SDR 112, effective December 8, 2010; repealed, 39 SDR 10, effective August 1, 2012.

ARSD 41:09:07:03.01 Repealed

Application for license.** Repealed.

History

• Source: 29 SDR 80, effective December 10, 2002; 35 SDR 184, effective February 2, 2009; repealed, 39 SDR 10, effective August 1, 2012.

ARSD 41:09:07:03.02 License approval criteria

The department shall require compliance with the following criteria before issuing a new private fish hatchery license or adding any new facility or water to an existing license:

(1) That any fish escaping from the proposed facility or water will not be detrimental to existing fish populations or waters;

(2) That no fish, exclusive of those propagated or held by the hatchery, may access the proposed facility or water;

(3) That no game fish, except bullheads or green sunfish, exists within the proposed facility or water unless the applicant provides proof of purchase verifying the game fish were obtained from a legal source;

(4) That the proposed facility or water does not interfere or limit access and use of public waters;

(5) That the applicant possesses a discharge permit issued by the Department of Agriculture and Natural Resources if applicable;

(6) That the applicant possesses a water right issued by the Department of Agriculture and Natural Resources if the operation of a hatchery requires a water right;

(7) That access to the proposed facility or water is entirely under the applicant's control by ownership, lease, easement, or permission. If the proposed facility or water is not entirely owned by the applicant, then the applicant shall provide with the application a true and correct copy of the written lease or easement, or written permission, which establishes the applicant's right to access the proposed facility and water; and

(8) That the proposed facility or water does not contain any aquatic nuisance species determined by the department to be a threat to the waters of this state.

This section does not apply to any private fish hatchery licensee who submits a license renewal application for the next successive year if the hatchery facility and the waters contained therein, as described on the application for private fish hatchery license remain unchanged from the application approved in the preceding year.

History

• Source: 29 SDR 80, effective December 10, 2002; 34 SDR 179, effective December 24, 2007; 35 SDR 184, effective February 2, 2009; 38 SDR 116, effective January 10, 2012; 47 SDR 27, effective September 15, 2020; SL 2021, ch 1, §§ 8, 19, effective April 19, 2021.
• General Authority: SDCL 41-2-18(1)(22).
• Law Implemented: SDCL 41-2-18(1)(22), 41-6-39, 41-6-40, 41-6-43.

ARSD 41:09:07:04 Bill of sale or other written authorization required -- Exceptions

A private fish hatchery licensee shall provide to each customer a bill of sale or other form of written authorization that contains the name and address of the customer; the private fish hatchery license number as assigned by the department; the number, size, and species of fish obtained by the customer; and the date of the transaction. The bill of sale or other form of written authorization allows the customer to possess and transport the fish when the authorization is in the customer's possession. However, no written authorization is required if the customer is a lawful angler and the number of fish taken does not exceed the established daily or possession limit for that species as provided in § 41:07:03:01.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989: 29 SDR 80, effective December 10, 2002.
• General Authority: SDCL 41-2-18(1)(22).
• Law Implemented: SDCL 41-2-18(1)(22), 41-6-39, 41-6-40, 41-6-43.

ARSD 41:09:07:05 Records required

A private fish hatchery licensee shall keep a record of all transactions. If the transaction involves the purchase or receipt of fish or any fish reproductive product, the record must contain the number, size, and species of fish; the date of the transaction; the importation permit number, if applicable; and the name and address of the source.

If the transaction involves the sale or gift of fish or any fish reproductive product, the record must contain the number, size, and species of fish; and the date of the transaction. Each record must be kept current and available for inspection by department personnel during normal business hours, at the physical location of the business where the record is kept. Each record must be kept for a period of three years beginning on the January thirty-first after the transaction. Each licensee shall submit a summary of transactions from the previous calendar year to the department by January thirty-first of the following calendar year.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 29 SDR 80, effective December 10, 2002; 37 SDR 112, effective December 8, 2010; 47 SDR 27, effective September 15, 2020; 51 SDR 53, effective November 11, 2024.
• General Authority: SDCL 41-2-18(1)(22).
• Law Implemented: SDCL 41-2-18(1), 41-6-39, 41-6-40, 41-6-43.

ARSD 41:09:07:06 Repealed

Report required.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; repealed, 29 SDR 80, effective December 10, 2002.

ARSD 41:09:07:06.01 Inspection by department representative

Inspection** by department representative. A copy of the applicable private fish hatchery license must be immediately available for inspection upon request by a department representative at the hatchery facility or the licensee's residence.

Each licensed hatchery facility and water is subject to inspection by a department representative during normal business hours.

History

• Source: 29 SDR 80, effective December 10, 2002; 35 SDR 184, effective February 2, 2009; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(22).
• Law Implemented: SDCL 41-2-18(1)(22), 41-6-39, 41-6-40, 41-6-43.

ARSD 41:09:07:06.02 Hatchery license in possession while transporting live fish or fish reproductive products

The applicable private fish hatchery license, or a legible copy thereof, shall be kept in each vehicle used by a private fish hatchery licensee or designee to transport live fish or any fish reproductive product. The license or copy shall be made available for inspection upon request of any law enforcement officer as defined in SDCL 23-3-27.

History

• Source: 29 SDR 80, effective December 10, 2002.
• General Authority: SDCL 41-2-18(1)(22).
• Law Implemented: SDCL 41-2-18(1)(22), 41-6-39, 41-6-40, 41-6-43.

ARSD 41:09:07:06.03 Repealed

Inspection by department representative.** Repealed.

History

• Source: 29 SDR 80, effective December 10, 2002; 35 SDR 184, effective February 2, 2009; 47 SDR 27, effective September 15, 2020.

ARSD 41:09:07:06.04 Repealed

Fish health inspection required. Repealed.

History

• Source: 29 SDR 80, effective December 10, 2002; 35 SDR 184, effective February 2, 2009; 36 SDR 112, effective January 11, 2010; 37 SDR 112, effective December 8, 2010; 42 SDR 93, effective December 30, 2015; 43 SDR 89, effective December 29, 2016; 47 SDR 27, effective September 15, 2020; 48 SDR 60, effective December 8, 2021.

ARSD 41:09:07:07 Conviction for violation is cause for revocation and non-renewal of hatchery license

A conviction for a violation of any of the provisions of this chapter or of SDCL 41-6-39 to 41-6-43, inclusive, by a hatchery licensee or a hatchery licensee's agent or employee, may be cause for the immediate revocation of the hatchery licensee's current license and serve as the basis for the department's refusal to issue a license to the hatchery licensee for the calendar year following the year of conviction.

History

• Source: 15 SDR 103, effective January 19, 1989; 29 SDR 80, effective December 10, 2002; 35 SDR 184, effective February 2, 2009.
• General Authority: SDCL 41-2-18(1)(22).
• Law Implemented: SDCL 41-2-18(1)(22), 41-6-39, 41-6-40, 41-6-43.

Chapter 41:09:08 Importation of fish

ARSD 41:09:08:01 Repealed

Salmonidae importation prohibited without permit.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; repealed, 29 SDR 80, effective December 10, 2002

ARSD 41:09:08:01.01 Fish importation prohibited -- Exceptions

A person may not import live fish or any fish reproductive product into the state except for the following:

(1) A person possessing a valid fish importation permit issued by the department;

(2) An angler fishing on any boundary water as defined in § 41:07:01:01; or

(3) A person importing fish designated for aquaria use.

History

• Source: 29 SDR 80, effective December 10, 2002; 34 SDR 179, effective December 24, 2007.
• General Authority: SDCL 41-2-18(1).
• Law Implemented: SDCL 41-2-18(1), 41-13-3.1.

ARSD 41:09:08:02 Repealed

Certificate of source required.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; repealed, 15 SDR 103, effective January 19, 1989.

ARSD 41:09:08:03 Repealed

Disease-free certificate required.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; repealed, 29 SDR 80, effective December 10, 2002.

ARSD 41:09:08:03.01 Application requirements for fish importation permit -- Validity requirements -- Types -- Fees

A person shall make application for a fish importation permit on forms provided by the department. The application must be received at least ten working days prior to the date of importation. A person may import only those species from the specific source facility listed on the permit. A separate application is required to add any additional species to an existing permit or to import from any additional source facility. Fish importation permit types and fees are as follows:

(1) An annual commercial importation permit authorizes any licensed aquaculture hatchery, fee fishing hatchery, wholesale bait dealer or retail bait dealer to import live fish and fish reproductive products into the state. The fee is $40 per source facility. A permit under this subsection expires 12 months from the date of the export facility's most recent fish health inspection report. An annual fish importation report shall be submitted on forms provided by the department prior to the issuance of an annual commercial importation permit in the following year; and

(2) A noncommercial importation permit authorizes any other applicant to import live fish and fish reproductive products into the state for 12 months from the date of the export facility's most recent fish health inspection report. A permit under this subsection has no fee.

History

• Source: 29 SDR 80, effective December 10, 2002; 36 SDR 112, effective January 11, 2010; 46 SDR 74, effective December 2, 2019.
• General Authority: SDCL 41-2-18(1).
• Law Implemented: SDCL 41-2-18(1), 41-13-3.1.

ARSD 41:09:08:03.02 Repealed

Fish health inspection and accepted guidelines.** Repealed.

History

• Source: 29 SDR 80, effective December 10, 2002; 32 SDR 109, effective December 27, 2005; repealed, 35 SDR 184, effective February 2, 2009.

ARSD 41:09:08:03.03 Pathogens of regulatory concern

Pathogens of regulatory concern.** Fish pathogens of regulatory concern are as follows:

(1) For all fish species:

(a) Viral hemmorrhagic septicemia virus – V.H.S; and

(b) Yersinia ruckeri - enteric redmouth disease.

In addition, screening for the following pathogens is required for the following fish families:

(2) Salmonidae:

(a) Oncorhynchus masou virus - O.M.V.;

(b) Salmonid rickettsial septicemia virus – S.R.S.;

(c) Infectious salmon anemia virus – I.S.A.;

(d) Infectious pancreatic necrosis virus – I.P.N.;

(e) Infectious hematopoietic necrosis virus – I.H.N.;

(f) Epizootic epitheliotropic disease virus – E.E.D.;

(g) Spring viremia of carp virus – S.V.C.;

(h) Renibacterium salmoninarum - bacterial kidney disease;

(i) Aeromonas salmonicida – furunculosis;

(j) Piscirickettsia salmonis – piscirickettsiosis;

(k) Ceratomyxa shasta – ceratomyxosis;

(l) Tetracapsuloides bryosalmonae - proliferative kidney disease; and

(m) Myxosoma cerebralis - whirling disease;

(3) Ictaluridae:

(a) Channel catfish virus – C.C.V.;

(b) Edwardsiella ictaluri - catfish enteric septicemia ;

(c) Edwardsiella tarda - emphysematous putrefactive disease; and

(d) Edwardsiella piscicida ;

(4) Percidae:

(a) Heterosporis sp. ;

(5) Cyprinidae:

(a) Spring viremia of carp virus – S.V.C.; and

(b) Edwardsiella piscicida ;

(6) Esocidae:

(a) Spring viremia of carp virus -S.V.C.; and

(b) Northern pike fry rhabdovirus -P.F.R.D. ;

(7) Centrarchidae:

(a) Spring viremia of carp virus – S.V.C. ;

(b) Largemouth bass virus – L.M.B.V.; and

(c) Edwardsiella piscicida ;

(8) Acipenseridae:

(a) White sturgeon iridovirus – W.S.I.; and

(b) Shovelnose sturgeon iridorivus – S.S.I.; and

(9) Polyodontidae:

(a) Shovelnose sturgeon iridorivus – S.S.I.

History

• Source: 29 SDR 80, effective December 10, 2002; 36 SDR 112, effective January 11, 2010; 46 SDR 74, effective December 2, 2019.
• General Authority: SDCL 41-2-18(1).
• Law Implemented: SDCL 41-2-18(1), 41-13-3.1.

ARSD 41:09:08:03.04 Importation requirements for fish or fish reproductive products

Before the department may issue an importation permit for fish or any fish reproductive product, a current fish health certification or a fish health inspection report must be submitted to the department.

A fish health inspection may only be conducted by:

(1) A person who is currently certified by the American Fisheries Society as a fish pathologist or a fish health inspector;

(2) A person who is currently authorized by the department to conduct official fish health inspections and who has completed a fish health inspection training program approved by the department; or

(3) A licensed veterinarian who has completed a fish health inspection training program approved by the department. Any fish health sample collected during a fish health inspection must be screened for regulated pathogens at a laboratory approved by the department.

Each fish health inspection and laboratory screening must be conducted according to procedures in "Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens," or according to procedures of the "World Animal Health Organization (OIE) Aquatic Code," 19^th Edition, 2016.

The application for an importation permit will be denied if a pathogen of regulatory concern is detected in fish or fish reproductive products that are requested to be imported.

The department's Aquatic Section Chief may allow the fish or fish reproductive products to be imported if the official determines the requested importation will not cause the introduction or spread of any pathogens of regulatory concern to areas in which they currently do not occur.

The fish or fish reproductive products to be imported, if obtained from man-made or natural waters and brought into a facility prior to shipping, must have been quarantined from other fish or fish reproductive products and inspected independently.

The fish or fish reproductive products to be imported, if obtained from man-made or natural waters, must have been inspected within the past twelve months. Other fish populations from this water must have been inspected within the same time period as determined by the department's fish health official.

The fish or fish reproductive products to be imported, if cultured at a facility, must have been inspected within the past twelve months.

Reference: "Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens," 2014 Edition. American Fisheries Society, Fish Health Section, and "World Animal Health Organization (OIE) Aquatic Code," 19^th Edition, 2016 World Animal Health Organization.

History

• Source: 29 SDR 80, effective December 10, 2002; 35 SDR 184, effective February 2, 2009; 36 SDR 112, effective January 11, 2010; 43 SDR 89, effective December 29, 2016; 47 SDR 27, effective September 15, 2020; 49 SDR 46, effective November 21, 2022.
• General Authority: SDCL 41-2-18(1).
• Law Implemented: SDCL 41-2-18(1), 41-13-3.1.

ARSD 41:09:08:03.05 Repealed

Importation requirements for fish or fish reproductive products obtained from non salmonid facility.** Repealed.

History

• Source: 29 SDR 80, effective December 10, 2002; repealed, 35 SDR 184, effective February 2, 2009.

ARSD 41:09:08:04 Packaging and shipping procedure

Any live fish or fish reproductive product that requires an importation permit shall be packaged and shipped in the original containers from a facility that has been inspected as provided in this chapter. The original copy of the importation permit must accompany each shipment and shall include a statement of prophylactic treatments used prior to departure from the original facility. The importation permit must be readily accessible to South Dakota authorities. Shipments arranged by a broker may be imported if they are delivered directly from the certified facility, in original containers, to the receiver in South Dakota.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 29 SDR 80, effective December 10, 2002.
• General Authority: SDCL 41-2-18(1).
• Law Implemented: SDCL 41-2-18(1), 41-13-3.1.

ARSD 41:09:08:05 Inspection of shipments

Any live fish or fish reproductive product imported under this chapter is subject to inspection either at the place of entry into the state or at other locations suitable to the department. The inspection may include the removal of reasonable samples of fish or any fish reproductive product for biological examination.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 29 SDR 80, effective December 10, 2002.
• General Authority: SDCL 41-2-18(1).
• Law Implemented: SDCL 41-2-18(1), 41-13-3.1.

ARSD 41:09:08:06 Shipments in violation of rules -- Disposal

Any shipment failing to display an importation permit, found to be diseased upon inspection, containing any species not authorized by the import permit, or otherwise in violation of this chapter shall be refused entry, immediately destroyed, or transported out of the state at the direction of the fish health specialist as designated by the secretary.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 15 SDR 103, effective January 19, 1989; 29 SDR 80, effective December 10, 2002.
• General Authority: SDCL 41-2-18(1).
• Law Implemented: SDCL 41-2-18(1), 41-13-3.1.

ARSD 41:09:08:07 In-transit shipments exempt -- Exceptions

Any in-transit shipment through South Dakota substantiated by an invoice or shipping document is not subject to the provisions of this chapter. However, such a shipment shall be considered an importation if any repackaging or exchange of containers or water in containers is attempted within the borders of the state.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 29 SDR 80, effective December 10, 2002.
• General Authority: SDCL 41-2-18(1).
• Law Implemented: SDCL 41-2-18(1), 41-13-3.1.

Chapter 41:09:09 Professional goose hunting, Repealed

ARSD 41:09:09 Repealed chapter

CHAPTER 41:09:09

PROFESSIONAL GOOSE HUNTING

(Repealed. 8 SDR 56, effective November 22, 1981)

Chapter 41:09:10 Fur dealers

ARSD 41:09:10:01 Repealed

Resident and nonresident fur dealer licenses -- Application period.** Repealed.

History

• Source: 9 SDR 30, effective September 13, 1982; 10 SDR 12, effective August 17, 1983; repealed, 10 SDR 76, 10 SDR 102, effective July 1, 1984.

ARSD 41:09:10:02 Resident fur dealers' records -- Reporting

Resident fur dealers shall maintain records of the number and kind of each skin purchased, the full name and address of each resident trapper or hunter, the vendor, and the average annual buying season price paid for each kind of skin on forms supplied by the department. The records must be submitted to the department on or before June 1 of each year.

History

• Source: 9 SDR 30, effective September 13, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2).
• Law Implemented: SDCL 41-2-18(2), 41-6-25, 41-14-23.

ARSD 41:09:10:03 Grounds for refusal to issue fur dealer license

A conviction for a violation of any of this chapter may be cause for immediate revocation of the fur dealer license and serve as the basis for the department's refusal to issue a license to the fur dealer for the calendar year following the year of conviction.

History

• Source: 9 SDR 30, effective September 13, 1982; 10 SDR 76, 10 SDR 102, effective July 1, 1984; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(2).
• Law Implemented: SDCL 41-2-18(1)(2), 41-6-25, 41-14-23.

ARSD 41:09:10:04 License fees

The fee for a resident fur dealer license is $100. The fee for a nonresident fur dealer license is $500.

History

• Source: 10 SDR 148, effective July 11, 1984; 31 SDR 83, effective December 12, 2004; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-6-10(3).
• Law Implemented: SDCL 41-6-10(3).

ARSD 41:09:10:05 Eligibility for fur dealers, agents and employees

41 : 09 : 10 : 05 . Eligibility for fur dealers, agents and employees. A fur dealer shall list each employee or agent on their application who will engage in purchasing or contracting to purchase fur-bearing animals. No person other than one who is registered as an agent or an employee of a licensed fur dealer may exercise the privileges conveyed in the license in accordance with SDCL 41-6-25. The department may refuse to issue or amend a fur dealer's license to any fur dealer who employs an individual or has an agent exercising those privileges and either:

(1) During the previous or current calendar year, has had their fur dealer license suspended or revoked; or

(2) During the previous or current calendar year, has been denied a fur dealer's license.

The period of ineligibility of a person to be employed by a fur dealer for a cause pursuant to this section may not exceed one calendar year.

History

• Source: 45 SDR 9, effective July 30, 2018.
• General Authority: SDCL 41-2-18(1)(15.
• Law Implemented: SDCL 41-2-18(1)(15), 41-6-25, 41-14-18, 4-14-21, 41-14-22.

Chapter 41:09:11 Taxidermists

ARSD 41:09:11:01 License fee and validity

The fee for a taxidermist license is $15. The license is valid from date of issue through December 31 of that calendar year.

History

• Source: 10 SDR 148, effective July 11, 1984; 14 SDR 40, effective September 23, 1987; 30 SDR 21, effective August 25, 2003; 31 SDR 83, effective December 12, 2004; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(24), 41-6-10(33), 41-6-33.
• Law Implemented: SDCL 41-2-18(24), 41-6-10(33), 41-6-33.

ARSD 41:09:11:02 Definitions

As used in this chapter:

(1) "Taxidermist" means a person who engages in the art, business, or operation of preserving or mounting, in a lifelike state, any bird, animal, or fish, or any part thereof, that does not belong to the person. The term does not include a person engaged in the business of mass producing artificial parts of wild animals;

(2) "Customer" means a person who submits a bird, animal, or fish, or any part thereof, to a taxidermist and that the taxidermist accepts for the purpose of preserving or mounting in a lifelike state. The customer may or may not be the person who caught or killed the specimen;

(3) "Specimen" means any bird, animal, or fish, or part thereof, that has been submitted by a customer to a taxidermist for the purpose of preserving or mounting in a lifelike state.

History

• Source: 30 SDR 21, effective August 25, 2003; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(24), 41-6-33.
• Law Implemented: SDCL 41-2-18(24), 41-6-33.

ARSD 41:09:11:03 Records to be retained by taxidermist

Each taxidermist shall keep current any written record required by SDCL 41-6-33. The taxidermist shall keep a separate record for each specimen. However, if a customer submits more than one specimen, a single record may be used for all of the customer's specimens. The taxidermist shall retain each written record for a period of five consecutive calendar years beginning January 1 of the year following the year that the record was completed.

History

• Source: 30 SDR 21, effective August 25, 2003.
• General Authority: SDCL 41-2-18(1)(2)(24), 41-6-33.
• Law Implemented: SDCL 41-2-18(1)(2)(24), 41-6-33.

ARSD 41:09:11:04 Immediate tagging of specimen -- Temporary removal of tag

Immediately upon receipt of a specimen, a taxidermist shall attach a tag to the specimen that contains the name of the customer and the date of receipt. A taxidermist may complete and attach only one tag if the specimen is submitted in two or more parts. The tag may be removed during the taxidermy process if the tag remains with the specimen at all times while the specimen is in the taxidermist's possession.

History

• Source: 30 SDR 21, effective August 25, 2003.
• General Authority: SDCL 41-2-18(1)(2)(24), 41-6-33.
• Law Implemented: SDCL 41-2-18(1)(2)(24), 41-6-33.

ARSD 41:09:11:05 Transfer of specimens to another taxidermist

A licensed taxidermist who transfers any part of an existing inventory of specimens to another taxidermist shall assure at the time of transfer that each specimen is tagged as provided in § 41:09:11:04. If the transfer of a specimen is permanent, the taxidermist shall also provide a copy of the specimen's corresponding written record to the acquiring taxidermist and shall document the name of the acquiring taxidermist and the date of transfer on the original record. The acquiring taxidermist shall retain the copy of the written record as provided in § 41:09:11:03.

History

• Source: 30 SDR 21, effective August 25, 2003.
• General Authority: SDCL 41-2-18(1)(2)(24), 41-6-33.
• Law Implemented: SDCL 41-2-18(1)(2)(24), 41-6-33.

ARSD 41:09:11:06 Violation is cause for revocation of license -- Immediate return of specimens -- Exception

Failure to maintain a written record, to knowingly falsify information on a written record or tag, failure to tag a specimen, or failure to comply with the provisions of SDCL 41-6-33, is cause for revocation of the violator's taxidermist license by the commission and for the refusal to issue a license for a period of one year following the violation.

If the commission revokes a taxidermist's license, or a taxidermist goes out of business or otherwise liquidates an inventory of specimens, the taxidermist shall immediately return to the customer any specimen submitted to the taxidermist by the customer. However, the taxidermist may transfer a specimen to another licensed taxidermist as provided in § 41:09:11:05 if the transfer is approved by the customer.

History

• Source: 30 SDR 21, effective August 25, 2003.
• General Authority: SDCL 41-2-18(1)(2)(24), 41-6-33.
• Law Implemented: SDCL 41-2-18(1)(2)(24), 41-6-33.

ARSD 41:09:11:07 Cervid carcass disposal

A taxidermist shall dispose of all remaining cervid carcass parts through a waste management provider or a permitted landfill.

History

• Source: 46 SDR 74, effective December 2, 2019; 47 SDR 137, effective June 29, 2021.
• General Authority: SDCL 41-2-18(1)(2)(24), 41-6-33.
• Law Implemented: SDCL 41-2-18(1)(2), 41-6-33.

Chapter 41:09:12 Persons with disabilities

ARSD 41:09:12:01 Special crossbow permit

The secretary may issue a special crossbow permit to a person who is incapable of using a bow and arrow due to the loss of or use of one or both arms caused by birth defect, injury, or disease or who uses a wheelchair for mobility.

History

• Source: 11 SDR 41, effective September 25, 1984; 34 SDR 279, effective May 14, 2008; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(14), 41-8-31(2).
• Law Implemented: SDCL 41-2-18(14), 41-8-31(2).

ARSD 41:09:12:02 Crossbow and bolt specifications

Crossbows used under § 41:09:12:01 shall have a minimum of 125-pound pull and be equipped with a functional mechanical safety device. The bolts shall be equipped with broadheads as provided in § 41:06:05:01.

History

• Source: 11 SDR 41, effective September 25, 1984; 29 SDR 160, effective June 3, 2003; 42 SDR 14, effective August 10, 2015; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(14), 41-8-31(2).
• Law Implemented: SDCL 41-2-18(14), 41-8-31(2).

ARSD 41:09:12:03 Repealed

Special paraplegic/amputee permit.** Repealed.

History

• Source: 11 SDR 22, effective August 9, 1984; repealed, 31 SDR 62, effective November 4, 2004.

ARSD 41:09:12:03.01 Definitions

As used in this chapter:

(1) "Arthritic condition" means a condition resulting from an inflammation of one or more joints due to infectious or metabolic causes;

(2) "Blind or visually impaired" means a person who has a visual acuity of 20/200 or less in the better eye, with correcting lenses, or has a limited field of vision such that the widest diameter subtends an angular distance of no greater than twenty degrees;

(3) "Class III cardiac disease" means a moderately severe disease of the heart or cardiovascular system resulting in marked limitation of physical activity. A person diagnosed with this disease is comfortable at rest, but less than ordinary activity causes fatigue, palpitation, dyspnea, or anginal pain;

(4) "Class IV cardiac disease" means a severe disease of the heart or cardiovascular system resulting in an inability to carry on any physical activity without discomfort. A person diagnosed with this disease may exhibit symptoms of heart failure or the anginal syndrome even at rest;

(5) "Licensed physician" means a person who is licensed by the South Dakota Board of Medical and Osteopathic Examiners to practice medicine or osteopathy or who is licensed by a similar state or provincial agency or board in another state or province to practice medicine or osteopathy;

(6) "Lung disease" means a disease that restricts a person's respiratory capacity to such a degree that the person's forced expiratory volume in one second is less than one liter if measured by a spirometer, or the arterial oxygen tension is less than 60 mm/hg on room air at rest;

(7) "Neurological condition" means a condition that adversely affects the nervous system as a result of injury, disease, or birth deficiency;

(8) "Neuromuscular disorder" means a disorder that affects the muscles or the nerves controlling the muscles. The most commonly experienced symptoms are varying degrees of mobility due to muscle weakness, regardless if the disorder originates within the motor nerve cell, the nerve, or the muscle. The symptoms of a neuromuscular disorder are most often degenerative in nature;

(9) "Orthopedic condition" means a condition that adversely affects the skeletal system as a result of injury, disease, or birth deficiency;

(10) "Prosthetic aid" means an artificial device that replaces a missing limb; and

(11) "Roadway" means that portion of a highway improved, designed, or ordinarily used for vehicular travel, excluding the berm or shoulder.

History

• Source: 31 SDR 62, effective November 4, 2004; 34 SDR 179, effective December 24, 2007; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2), 41-8-37.
• Law Implemented: SDCL 41-2-18(2), 41-8-37.

ARSD 41:09:12:03.02 Disabled hunter permit -- Eligibility requirements

The secretary may issue a disabled hunter permit free-of-cost to a person if:

(1) The person has lost one or both legs or has temporarily or permanently lost the use of one or both legs;

(2) The person requires a wheelchair for mobility;

(3) The person is physically unable to walk without the assistance of another person, prosthetic aid, brace, crutch, or other device that is intended to support or assist the person while walking;

(4) The person is unable to walk a distance of more than 300 feet without assistance or rest due to an arthritic, neurological, or orthopedic condition;

(5) The person has been diagnosed with a neuromuscular disorder;

(6) The person has been diagnosed with a Class III or Class IV cardiac disease;

(7) The person has been diagnosed with lung disease; or

(8) The person is on portable oxygen.

Except as provided in this section, no person may be issued a disabled hunter permit unless the person's physical disability or health-related condition limits or impairs the person's ability to walk.

History

• Source: 31 SDR 62, effective November 4, 2004; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2), 41-8-37.
• Law Implemented: SDCL 41-2-18(2), 41-8-37.

ARSD 41:09:12:03.03 Permit application procedures -- Duration of permit -- Renewal process

A person shall apply for a disabled hunter permit on forms provided by the department. An applicant shall include with the application written verification of the applicant's qualifying physical disability or health-related condition from a licensed physician. However, the department secretary or a designated agent may issue a disabled hunter permit to an applicant without written verification from a licensed physician if the secretary or agent independently verifies the applicant's qualifying physical disability or health-related condition.

A disabled hunter permit may be issued on either a temporary or permanent basis according to the duration of the applicant's physical disability or health-related condition. If the applicant's disability or condition is permanent, the permit may be issued for a period of time not to exceed four consecutive years beginning on the date that the permit is issued.

A permittee with a permanent physical disability or health-related condition may renew the permit within 60 days of the permit's expiration date. Each successive period of validity shall begin on the date that the permit expires. A permittee with a permanent physical disability or health-related condition who renews the permit within the 60-day period or whose permit has expired shall submit an application form to the department secretary or a designated agent for permit renewal. However, no written verification from a licensed physician is required.

History

• Source: 31 SDR 62, effective November 4, 2004.
• General Authority: SDCL 41-2-18(2), 41-8-37.
• Law Implemented: SDCL 41-2-18(2), 41-8-37.

ARSD 41:09:12:03.04 Permit authorities, limitations, and conditions

A disabled hunter permit authorizes the permittee to shoot at game birds and game animals from a stationary motor vehicle if the motor vehicle is not on a state or federal highway and the permittee does not shoot across the roadway. The permit is nontransferable. The permittee shall have the permit in possession while shooting from a stationary motor vehicle. The permit is in addition to any required hunting license. The permittee shall display the permit upon the request of a conservation officer or other law enforcement officer. Except as provided in SDCL 32-20-6.6 and 41-9-1.2, a permittee shall adhere to all applicable state laws and department regulations while hunting.

History

• Source: 31 SDR 62, effective November 4, 2004.
• General Authority: SDCL 41-2-18(2), 41-8-37.
• Law Implemented: SDCL 41-2-18(2), 41-8-37.

ARSD 41:09:12:03.05 Denial of permit or revocation of existing permit -- Reasons -- Appeal process

The secretary may deny or revoke a disabled hunter permit if:

(1) The information and documentation provided by the applicant cannot be verified;

(2) The applicant made a false statement on the application to secure a permit;

(3) The permittee violated the limitations or conditions of the permit; or

(4) The permittee no longer qualifies for a disabled hunter permit as described in this chapter.

A person who has had an application for a disabled hunter permit denied or has had a disabled hunter permit revoked may appeal to the Game, Fish and Parks Commission, according to procedures established by SDCL chapter 1-26.

History

• Source: 31 SDR 62, effective November 4, 2004; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2), 41-8-37.
• Law Implemented: SDCL 41-2-18(2), 41-8-37.

ARSD 41:09:12:04 License requirements, privileges, and restrictions

A person issued a special permit under § 41:09:12:01 has all the rights and privileges of a bow and arrow licensee provided that the permittee has purchased all the necessary licenses applicable to a particular season. Except in the case of a person lawfully carrying a pistol, a person issued a crossbow permit may not possess a firearm in the field nor may a permittee be accompanied by a person carrying a firearm during any season restricted to archery.

History

• Source: 11 SDR 41, effective September 25, 1984; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2), 41-8-31(2), 41-8-37.
• Law Implemented: SDCL 41-2-18(2), 41-8-31(2), 41-8-37.

ARSD 41:09:12:05 Total disability defined

For the purpose of obtaining a resident small game license and fishing license by payment of a reduced fee pursuant to SDCL 41-6-10.2, a person is considered to have a total disability if the person is a paraplegic or is otherwise permanently physically unable to walk with or without crutches, braces, or other mechanical support, or is blind or visually impaired as defined in this chapter. In addition, a person who has a developmental disability as defined in SDCL 27B-1-18 is considered to have a total disability solely for the purpose of obtaining a resident fishing license by payment of a reduced fee pursuant to SDCL 41-6-10.2.

History

• Source: 17 SDR 51, effective October 10, 1990; 25 SDR 59, adopted October 26, 1998, effective January 1, 1999; 34 SDR 179, effective December 24, 2007; 37 SDR 215, effective May 31, 2011.
• General Authority: SDCL 41-6-10.2.
• Law Implemented: SDCL 41-2-18(13), 41-6-10.2.

ARSD 41:09:12:06 Application procedures for licenses issued for a reduced fee based on total disability and other qualifications

Application procedure for licenses issued for a reduced fee based on total disability and other qualifications.** A person with a total disability, as defined in § 41:09:12:05, or a person who otherwise qualifies for a resident hunting and fishing license at a reduced fee pursuant to SDCL 41-6-10.2, and who desires to be issued a hunting and fishing license at a reduced fee shall apply to the licensing office in Pierre, South Dakota. The application must be on forms provided by the department. An applicant with a total disability, as defined in § 41:09:12:05, shall provide with the application proof of South Dakota residency and a written statement from a doctor of medicine, osteopathy, or chiropractic, licensed by the South Dakota Board of Medical and Osteopathic Examiners or the Board of Chiropractic Examiners, or from a doctor of optometry licensed by the State Board of Examiners in Optometry verifying that the applicant has a total disability, as defined in § 41:09:12:05. In lieu of a written statement from a doctor of medicine, osteopathy, or chiropractic, any person who has a developmental disability, as defined in SDCL 27B-1-18, may submit a letter or form from the South Dakota Department of Social Services documenting the person's developmental disability and the person's eligibility for services. For subsequent applications, a conservation officer in the county of the applicant's residence may verify the applicant's total disability in lieu of the doctor's statement. Any other applicant pursuant to SDCL 41-6-10.2 shall provide proof of South Dakota residency and compliance with the statutory requirements.

History

• Source: 17 SDR 51, effective October 10, 1990; 21 SDR 189, effective May 9, 1995; 25 SDR 59, adopted October 26, 1998, effective January 1, 1999; 34 SDR 179, effective December 24, 2007; 37 SDR 215, effective May 31, 2011; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-6-10.2.
• Law Implemented: SDCL 41-2-18(13), 41-6-10.2.

ARSD 41:09:12:06.01 Fee -- Duration of validity of fishing and hunting licenses

Fee – Duration of validity of fishing and hunting licenses.** The fee for a resident small game and fishing license issued pursuant to SDCL 41-6-10.2 is ten dollars. The license may be renewed annually for three additional years.

History

• Source: 25 SDR 59, adopted October 26, 1998, effective January 1, 1999; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-6-10.2.
• Law Implemented: SDCL 41-6-10.2.

ARSD 41:09:12:07 Designated shooter permit

The secretary may issue a designated shooter permit to a person who is blind or visually impaired. A designated shooter permit authorizes the permittee to designate one shooter to legally hunt, take, or kill game animals while in the immediate physical presence of the permittee. This non-transferable permit is in addition to any required hunting license and may be issued for a period of time not to exceed four consecutive years beginning on the date the permit is issued.

History

• Source: 34 SDR 179, effective December 24, 2007; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(13), 41-8-31(3).
• Law Implemented: SDCL 41-8-31(3).

ARSD 41:09:12:07.01 Permit authorities, limitations, and conditions

A person shall apply for a designated shooter permit on forms provided by the department. An applicant shall include with the application written verification of the applicant's qualifying visual impairment from a licensed optometrist or ophthalmologist. The permittee shall have the permit in possession while accompanying the designated shooter and shall display the permit upon request of a law enforcement officer. The designated shooter is eligible to hunt in the seasons and for the game species desired in the absence of a designated shooter permit. The permittee and designated shooter shall adhere to all applicable state laws and department rules while hunting. Game legally taken by a designated shooter on behalf of a permittee becomes part of the permittee's daily bag and possession limits and does not count against the designated shooter.

History

• Source: 34 SDR 179, effective December 24, 2007; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2)(13), 41-8-31(3).
• Law Implemented: SDCL 41-8-31(3).

ARSD 40:09:12:08 Disabled angler assistance permit. The department may issue a disabled angler assistance permit to a person with a valid fishing license, or who is exempt from licensing requirements, who has a physical or developmental disability that prevents them from being able to perform any of the activities associated with fishing. The permit allows another person to assist the permitted individual while fishing, in accordance with existing regulations, and without the need to possess a valid fishing license. A disabled angler assistance permit may be issued on either a temporary or permanent basis, dependent on the type of disability, at the discretion of the department. Source: 49 SDR 46, effective November 21, 2022. General Authority: SDCL 41-2-18(2)(13). Law Implemented: SDCL 41-2-18(2)(13)

Disabled angler assistance permit. The department may issue a disabled angler assistance permit to a person with a valid fishing license, or who is exempt from licensing requirements, who has a physical or developmental disability that prevents them from being able to perform any of the activities associated with fishing. The permit allows another person to assist the permitted individual while fishing, in accordance with existing regulations, and without the need to possess a valid fishing license. A disabled angler assistance permit may be issued on either a temporary or permanent basis, dependent on the type of disability, at the discretion of the department.

History

• Source: 49 SDR 46, effective November 21, 2022.
• General Authority: SDCL 41-2-18(2)(13).
• Law Implemented: SDCL 41-2-18(2)(13).

Chapter 41:09:13 Dog training

ARSD 41:09:13:00 Repealed

Definitions.** Repealed.

History

• Source: 18 SDR 33, effective August 19, 1991; 24 SDR 23, effective August 31, 1997; repealed, 26 SDR 21, effective August 23, 1999.

ARSD 41:09:13:01 Sporting dog training and field trials

No person may kill or capture any game birds, except during the season and in the manner provided by SDCL title 41, article 41:06, and this chapter. Ducks, ring-necked pheasants, partridges, and quail, which are obtained from the holder of a South Dakota captive game bird license, marked according to this chapter, and used for any event or activity related to sporting dog training or field trials may be pursued or taken on private lands at any time and on public areas with prior approval of the director of the division with management authority over the public area. A bill of sale that shows the licensee's name, address, and captive game bird license number; the number, species, and sex of the birds; the date of the transaction; and the name and address of the possessor of the birds must accompany the birds at all times, until the birds reach the domicile of the possessor. Dog trainers may use throwing dummies, lures, or pigeons in the training of dogs at any time and in any place that such activity is not otherwise prohibited.

Sporting dog trials may be authorized and conducted on lands administered by the department. Application for a sporting dog trial must be made in writing on forms provided by the department.

History

• Source: 15 SDR 162, effective May 4, 1989; 18 SDR 33, effective August 19, 1991; 24 SDR 23, effective August 31, 1997; 30 SDR 147, effective April 4, 2004; 39 SDR 32, effective September 5, 2012; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(4)(5), 41-17-1.1(4).
• Law Implemented: SDCL 41-2-18(1)(4)(5), 41-17-1.1(4).

ARSD 41:09:13:01.01 Restrictions on training dogs on public lands and public road rights-of-way -- Time and method

No person may train a dog for the purpose of locating, pursuing, pointing, or retrieving wild game birds on any publicly owned land or on any public road right-of-way using any form of motor vehicle, horse, or any type of conveyance from August 1 to the Friday preceding the third Saturday of September, inclusive. However, a person who otherwise qualifies to train dogs on public lands may use a horse for dog training on public lands until 12:00 noon central time on Fridays, Saturdays, and Sundays from the first Friday of August to the first Sunday of September, inclusive, with authorization of the government agency that manages the public land.

History

• Source: 24 SDR 23, effective August 31, 1997; 26 SDR 21, effective August 23, 1999; 32 SDR 203, effective June 5, 2006; 36 SDR 215, effective July 1, 2010.
• General Authority: SDCL 41-2-18(1), 41-6-78, 41-17-1.1(1)(4).
• Law Implemented: SDCL 41-2-18(1), 41-6-78, 41-17-1.1(1)(4).

ARSD 41:09:13:01.02 Restrictions on training dogs on public lands and public road rights-of-way -- Time and ownership

No person may train a dog for the purpose of locating, pursuing, pointing, or retrieving wild game birds on any publicly owned land or on any public road right-of-way from August 1 to the Friday preceding the third Saturday of September, inclusive, unless the dog is owned by that person and not offered for sale. The owner of the dog may be assisted in the training provided the owner is also present during the training.

History

• Source: 26 SDR 21, effective August 23, 1999; 32 SDR 203, effective June 5, 2006.
• General Authority: SDCL 41-2-18(1), 41-6-78, 41-17-1.1(1)(4).
• Law Implemented: SDCL 41-2-18(1), 41-6-78, 41-17-1.1(1)(4).

ARSD 41:09:13:01.03 Restrictions on training dogs on public lands and public road rights-of-way -- Time -- Number of dogs and firearm restrictions

No person may train more than four dogs in any one day for the purpose of locating, pursuing, pointing, or retrieving wild game birds on any publicly owned land or on any public road right-of-way from August 1 to the Friday preceding the third Saturday of September, inclusive. No person training a dog on wild game birds on public lands may possess a shotgun or rifle during the training during this time frame.

History

• Source: 26 SDR 21, effective August 23, 1999; 32 SDR 203, effective June 5, 2006.
• General Authority: SDCL 41-2-18(1), 41-6-78, 41-17-1.1(1)(4).
• Law Implemented: SDCL 41-2-18(1), 41-6-78, 41-17-1.1(1)(4).

ARSD 41:09:13:02 Bird marking required

Except for partridge and quail, all game birds released or used in any event or activity related to sporting dog training or field trials must be marked by wing pinion or must have one front toe or one hind toe on either foot removed back to the first joint including the nail, before the birds are six weeks old. An anti-pecking device affixed to the bird before it is six weeks old and worn by the bird until it is at least 15 weeks old is acceptable in lieu of toe clipping if the anti-pecking device leaves a permanent, easily identifiable mark.

History

• Source: 15 SDR 162, effective May 4, 1989; 17 SDR 139, effective March 21, 1991; 24 SDR 23, effective August 31, 1997; 30 SDR 147, effective April 4, 2004; 39 SDR 32, effective September 5, 2012; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1), 41-17-1.1(4).
• Law Implemented: SDCL 41-2-18(1), 41-17-1.1(4).

ARSD 41:09:13:03 Release traps or fluorescent streamers required for pheasants

Ringneck pheasants to be killed or captured for any event or activity related to a sporting dog training or field trial shall be confined in a release trap, release box, or similar device until they are released immediately before they are killed or captured. A streamer of fluorescent surveyor tape conspicuously attached to the bird at all times during the event or activity is acceptable in lieu of confinement and release from a trap.

History

• Source: 15 SDR 162, effective May 4, 1989; 17 SDR 139, effective March 21, 1991; 24 SDR 23, effective August 31, 1997; 39 SDR 32, effective September 5, 2012.
• General Authority: SDCL 41-2-18(1), 41-17-1.1(4).
• Law Implemented: SDCL 41-2-18(1), 41-17-1.1(4).

ARSD 41:09:13:04 Daily bag and possession limits apply during hunting seasons

Repealed.

History

• Source: 15 SDR 162, effective May 4, 1989; 24 SDR 23, effective August 31, 1997; repealed, 39 SDR 32, effective September 5, 2012.

ARSD 41:09:13:05 Repealed

Sporting dog trials permitted on public lands.** Repealed.

History

• Source: 15 SDR 162, effective May 4, 1989; 24 SDR 23, effective August 31, 1997; 47 SDR 27, effective September 15, 2020.

ARSD 41:09:13:06 Revocation of sporting dog trial authorization

Authorization for a sporting dog trial may be revoked by the department at any time for any violation of this chapter.

History

• Source: 15 SDR 162, effective May 4, 1989; 24 SDR 23, effective August 31, 1997; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(2)(4), 41-17-1.1.
• Law Implemented: SDCL 41-2-18(1)(2)(4), 41-17-1.1.

ARSD 41:09:13:07 Repealed

Professional dog training license fees.** Repealed.

History

• Source: 18 SDR 33, effective August 19, 1991; 24 SDR 23, effective August 31, 1997; repealed, 26 SDR 21, effective August 23, 1999.

ARSD 41:09:13:08 Repealed

License application.** Repealed.

History

• Source: 18 SDR 33, effective August 19, 1991; 24 SDR 23, effective August 31, 1997; repealed, 26 SDR 21, effective August 23, 1999.

ARSD 41:09:13:09 Repealed

Report required.** Repealed.

History

• Source: 18 SDR 33, effective August 19, 1991; repealed, 23 SDR 197, effective May 27, 1997.

ARSD 41:09:13:10 Repealed

Premises open to inspection.** Repealed.

History

• Source: 18 SDR 33, effective August 19, 1991; 24 SDR 23, effective August 31, 1997; repealed, 26 SDR 21, effective August 23, 1999.

ARSD 41:09:13:11 Repealed

Written permission required.** Repealed.

History

• Source: 18 SDR 33, effective August 19, 1991; 24 SDR 23, effective August 31, 1997; repealed, 38 SDR 101, effective December 5, 2011.

ARSD 41:09:13:12 Repealed

Health certificate required.** Repealed.

History

• Source: 18 SDR 33, effective August 19, 1991; 24 SDR 23, effective August 31, 1997; repealed, 26SDR 21, effective August 23, 1999.

ARSD 41:09:13:13 Repealed

Expiration date of license.** Repealed.

History

• Source: 18 SDR 33, effective August 19, 1991; 24 SDR 23, effective August 31, 1997; repealed, 26 SDR 21, effective August 23, 1999.

ARSD 41:09:13:14 Dog training restrictions on Fort Pierre National Grasslands

Repealed.

History

• Source: 29 SDR 160, effective June 3, 2003; 30 SDR 171, effective May 11, 2004; 31 SDR 191, effective June 7, 2005; repealed, 32 SDR 203, effective June 5, 2006.

Chapter 41:09:14 Nursing home group fishing

ARSD 41:09:14:01 License fee -- Expiration

The fee for a nursing home group fishing license is $35. The license expires on December 31.

History

• Source: 16 SDR 64, effective October 10, 1989; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(13), 41-6-37.2.
• Law Implemented: SDCL 41-6-37.2.

ARSD 41:09:14:02 Possession of license required

The supervising staff member of the licensee or the volunteer approved by the licensee to supervise shall possess the group fishing license at the time fishing occurs on an outing sponsored by the nursing home.

History

• Source: 16 SDR 64, effective October 10, 1989; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(13), 41-6-37.2.
• Law Implemented: SDCL 41-6-37.2.

ARSD 41:09:14:03 Repealed

No other license required.** Repealed.

History

• Source: 16 SDR 64, effective October 10, 1989; repealed, 39 SDR 10, effective August 1, 2012.

ARSD 41:09:14:04 Repealed

Compliance with laws.** Repealed.

History

• Source: 16 SDR 64, effective October 10, 1989; repealed, 38 SDR 101, effective December 5, 2011.

Chapter 41:09:15 Fishing tournaments

ARSD 41:09:15:01 Definition

The term "fishing tournament" means any organized, competitive angling event involving 20 or more boats or, if boats are not involved, 50 or more people, conducted on public waters of this state, for the purpose of awarding prizes or for personal gain or promotional consideration. Junior fishing clinics or achievement contests for youths under age 18 are not considered to be fishing tournaments, but are subject to special event requirements found in § 41:03:01:04.

History

• Source: 16 SDR 220, effective June 21, 1990; 24 SDR 72, effective November 30, 1997; 25 SDR 108, effective February 28, 1999; 47 SDR 27, effective September 15, 2020; 48 SDR 60, effective December 8, 2021.
• General Authority: SDCL 32-3A-1(5).
• Law Implemented: SDCL 32-3A-1(5).

ARSD 41:09:15:02 Repealed

Tournament classification.** Repealed.

History

• Source: 16 SDR 220, effective June 21, 1990; repealed, 24 SDR 72, effective November 30, 1997.

ARSD 41:09:15:03 Repealed

A** pplication. Repealed.

History

• Source: 16 SDR 220, effective June 21, 1990; 24 SDR 72, effective November 30, 1997; 47 SDR 27, effective September 15, 2020.

ARSD 41:09:15:04 Application -- Approval or denial of permit -- Special conditions

Application -- Approval or denial of permit -- Special conditions.** Sponsors or organizers of fishing tournaments shall apply for a tournament permit no earlier than November 1 and must apply at least 30 days prior to the tournament. The application and any accompanying documents must be forwarded to the department for review, evaluation, and determination using the following criteria:

(1) The number of participants;

(2) Other approved scheduled events on the same date at the same area;

(3) Previous compliance with the tournament process; and

(4) The number of participants the access areas can accommodate.

As a condition of acceptance and issuance of a permit, the department may require special conditions as necessary to protect its resources and the public, including the following:

(1) Requiring a safe start area to be designated;

(2) Establishing a no-wake zone;

(3) Providing for a weigh-in area away from the boat dock and landing;

(4) Limiting certain waters to a catch and release tournament only;

(5) Requiring tournament limits to be less than the daily creel limit;

(6) Designing special parking areas for tournament participants; and

(7) Requiring tournaments involving boats to end two hours before sunset.

The department may not approve a catch and release tournament for salmon or a tournament for walleye, sauger, and walleye/sauger hybrids, where fish are taken into possession and later released, from June 1 through September 15.

History

• Source: 16 SDR 220, effective June 21, 1990; 24 SDR 72, effective November 30, 1997; 33 SDR 107, effective December 27, 2006; 34 SDR 179, effective December 24, 2007; 36 SDR 112, effective January 11, 2010; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(2), 32-3A-1(5).
• Law Implemented: SDCL 32-3A-1(5).

ARSD 41:09:15:05 Repealed

Minor event application.** Repealed.

History

• Source: 16 SDR 220, effective June 21, 1990; repealed, 24 SDR 72, effective November 30, 1997.

ARSD 41:09:15:06 Repealed

Determination of permit for minor event.** Repealed.

History

• Source: 16 SDR 220, effective June 21, 1990; repealed, 24 SDR 72, effective November 30, 1997.

ARSD 41:09:15:07 Repealed

Factors considered for issuance of a permit.** Repealed.

History

• Source: 16 SDR 220, effective June 21, 1990; 24 SDR 72, effective November 30, 1997; 47 SDR 27, effective September 15, 2020.

ARSD 41:09:15:08 Repealed

Application period and issuance of permit.** Repealed.

History

• Source: 16 SDR 220, effective June 21, 1990; 24 SDR 72, effective November 30, 1997; 47 SDR 27, effective September 15, 2020.

ARSD 41:09:15:09 Restricted times of fishing tournaments

Fishing tournaments are not permitted from 8:00 a.m. on Friday to 8:00 p.m. on Sunday on the weekend in May preceding Memorial Day weekend, if it is designated as free fishing and visitor appreciation weekend, or on Memorial Day, July fourth, Labor Day, and on associated weekend days when those holidays fall on Friday, Saturday, Sunday, or Monday. Junior fishing clinics or achievement contests are permitted at that time with approval of the local park manager.

History

• Source: 16 SDR 220, effective June 21, 1990; 24 SDR 72, effective November 30, 1997; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 32-3A-1(5).
• Law Implemented: SDCL 32-3A-1(5).

ARSD 41:09:15:10 Repealed

Reports required.** Repealed.

History

• Source: 16 SDR 220, effective June 21, 1990; repealed, 24 SDR 72, effective November 30, 1997.

ARSD 41:09:15:11 Violation of chapter

In addition to any statutory provisions, violations of this chapter are cause for revocation of the tournament permit and denial of future fishing tournament permits to the sponsor or organizer of the fishing tournament.

History

• Source: 16 SDR 220, effective June 21, 1990; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 32-3A-1(5).
• Law Implemented: SDCL 32-3A-1(5).

Chapter 41:09:16 Scientific collectors

ARSD 41:09:16:01 Eligibility requirements

The secretary may grant, with approval from the commission, a scientific collector's license to persons or institutions engaged in scientific research, deemed bona fide by the secretary, or to an incorporated society of natural history for scientific or educational purposes.

History

• Source: 23 SDR 35, effective September 16, 1996.
• General Authority: SDCL 41-2-18(9), 41-6-32.
• Law Implemented: SDCL 41-2-18(9), 41-3-9, 41-6-32.

ARSD 41:09:16:02 Application for license

A person or institution must apply for a scientific collector's license on forms provided by the department. The form must contain complete information on the species and numbers of nests, eggs, and wild animals, including any part thereof, requested to be collected, the method of collection, the locations of collection, the collection period, what the purpose or use of the collected specimens will be, the institution for which collections are being made, and final disposition of the specimens collected.

History

• Source: 23 SDR 35, effective September 16, 1996; 41 SDR 107, effective January 5, 2015.
• General Authority: SDCL 41-2-18(12)(13), 41-6-32.
• Law Implemented: SDCL 41-2-18(12)(13), 41-6-32.

ARSD 41:09:16:03 Conditions of license

The license may contain special conditions and provisions for collections of specific nests, eggs, and wild animals, including any part thereof. The license must limit the numbers and specimens to be collected and must display the expiration date of the license.

History

• Source: 23 SDR 35, effective September 16, 1996; 41 SDR 107, effective January 5, 2015; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(12).
• Law Implemented: SDCL 41-3-9, 41-2-18(12).

ARSD 41:09:16:04 Reporting required

A licensee must keep complete records of specimens collected, dates, locations, and dispositions of specimens collected. A collection report form must be completed and submitted to the department in Pierre no later than January 31, following the year in which the scientific collector's license was issued.

History

• Source: 23 SDR 35, effective September 16, 1996; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(12).
• Law Implemented: SDCL 41-2-18(12).

ARSD 41:09:16:05 Violations

Violation of any terms of the license or failure to submit the required reports is grounds for termination of the license and for refusal to issue the license in the following year.

History

• Source: 23 SDR 35, effective September 16, 1996; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(12).
• Law Implemented: SDCL 41-2-18(12).

Chapter 41:09:17 Non-game bird damage, Repealed

ARSD 41:09:17 Repealed chapter

CHAPTER 41:09:17

NON-GAME BIRD DAMAGE

(Repealed. 38 SDR 101, effective December 5, 2011)

Chapter 41:09:18 Wildlife rehabilitation

ARSD 41:09:18:01 Definition of terms

Terms used in this chapter mean:

(1) "Rehabilitation," the process of rescuing, raising, or arranging for veterinary medical care of orphaned, sick, displaced, or injured wild, non-migratory animals with a goal of releasing animals back to their natural habitats;

(2) "Rehabilitator," a person legally permitted to accept animals from another person to carry out the act of rehabilitation;

(3) "Nonreleasable animal," an animal that cannot be released back into the wild because of physical injuries or behavioral problems;

(4) "Veterinarian commitment," a signed declaration that a doctor of veterinary medicine will assist the permitted rehabilitator in such activities as assessing initial health and injury status and potential for rehabilitation, determining the need for and administering humane euthanasia tools, and in assessing health status and survival potential prior to release to the wild.

History

• Source: 39 SDR 33, effective September 5, 2012.
• General Authority: SDCL 41-2-18(1)(2)(3)(20).
• Law Implemented: SDCL 41-2-18(1)(2)(3)(20).

ARSD 41:09:18:02 Wildlife rehabilitator permit required -- Expiration

A rehabilitator may not possess any wildlife species, except migratory birds, for the purpose of rehabilitation without obtaining and complying with the terms and conditions of a valid wildlife rehabilitator's permit issued by the department. A wildlife rehabilitator permit expires on January 31^st. A wildlife rehabilitator permit is not required for a person to provide temporary care of migratory birds for rehabilitation purposes, if the person possesses a valid migratory bird rehabilitation permit from the U.S. Fish and Wildlife Service.

History

• Source: 39 SDR 33, effective September 5, 2012.
• General Authority: SDCL 41-2-18(1)(2)(3)(20).
• Law Implemented: SDCL 41-2-18(1)(2)(3)(20).

ARSD 41:09:18:03 Application for wildlife rehabilitator permit

Only residents of South Dakota at least 21 years of age may apply for a wildlife rehabilitator permit. An applicant for a wildlife rehabilitator permit shall fill out an application form furnished by the department and submit the form to the department with a veterinarian commitment. The department reserves the right to limit the number of permitted wildlife rehabilitators.

History

• Source: 39 SDR 33, effective September 5, 2012.
• General Authority: SDCL 41-2-18(1)(2)(3).
• Law Implemented: SDCL 41-2-18(1)(2)(3).

ARSD 41:09:18:04 Permit renewal -- Required documentation

A wildlife rehabilitator may renew a wildlife rehabilitator permit upon submission to the department of a permit renewal application together with a report of all wildlife rehabilitated, released, and euthanized during the previous calendar year on forms furnished by the department. A permit holder shall maintain a log of each animal taken into custody to include date the animal was received, county of origin, treatment, condition, and disposition.

History

• Source: 39 SDR 33, effective September 5, 2012.
• General Authority: SDCL 41-2-18(1)(2)(3).
• Law Implemented: SDCL 41-2-18(1)(2)(3).

ARSD 41:09:18:05 Inspection of facilities

Before issuance of a permit allowing the rehabilitation of wildlife, a department representative shall inspect the applicant's facilities for rehabilitating wildlife. The facilities and equipment shall comply with the Minimum Standards for Wildlife Rehabilitation, 2012 edition compiled by the National Wildlife Rehabilitators Association and International Wildlife Rehabilitation Council. A permitted wildlife rehabilitator shall allow any department representative to enter the rehabilitation facilities during normal hours of operation for the purpose of inspecting the facilities, logs, and wildlife held in the facilities to assure compliance with this chapter.

Reference: Minimum Standards for Wildlife Rehabilitation, 2012 edition, National Wildlife Rehabilitators Association and International Wildlife Rehabilitation Council. Copies may be obtained from the National Wildlife Rehabilitators Association, Cost: $15.

History

• Source: 39 SDR 33, effective September 5, 2012; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(2)(3).
• Law Implemented: SDCL 41-2-18(1)(2)(3).

ARSD 41:09:18:06 Allowed wildlife species

Only those wildlife species allowed by the department listed on a permit are approved for temporary care.

History

• Source: 39 SDR 33, effective September 5, 2012.
• General Authority: SDCL 41-2-18(1)(2)(3)(20).
• Law Implemented: SDCL 41-2-18(1)(2)(3)(20).

ARSD 41:09:18:07 Release of wildlife

No successfully rehabilitated animal may be released without approval from the department.

History

• Source: 39 SDR 33, effective September 5, 2012; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(2)(3)(20).
• Law Implemented: SDCL 41-2-18(1)(2)(3)(20).

ARSD 41:09:18:08 Temporary care of wildlife

Any animal under the temporary care of a wildlife rehabilitation permit remains the property of the State of South Dakota. No permitted wildlife rehabilitator may permanently possess any animal that is deemed nonreleasable. No rehabilitator may display any animal in the rehabilitator's temporary care. If necessary, humane euthanasia shall be administered.

History

• Source: 39 SDR 33, effective September 5, 2012.
• General Authority: SDCL 41-2-18(1)(2)(3)(20).
• Law Implemented: SDCL 41-2-18(1)(2)(3)(20).

ARSD 41:09:18:09 Financial assistance -- Wildlife rehabilitation fees

The department assumes no financial obligations for and may not provide any financial assistance to a permitted wildlife rehabilitator. No permitted wildlife rehabilitator may charge any fee for any wildlife rehabilitation services.

History

• Source: 39 SDR 33, effective September 5, 2012.
• General Authority: SDCL 41-2-18(1)(2)(3).
• Law Implemented: SDCL 41-2-18(1)(2)(3).

ARSD 41:09:18:10 Repealed

Indemnification and liability.** Repealed.

History

• Source: 39 SDR 33, effective September 5, 2012; 47 SDR 27, effective September 15, 2020.

ARSD 41:09:18:11 Suspension and revocation of permits

The department may revoke or suspend a wildlife rehabilitator for any violation of the provisions of this chapter or any other state or federal wildlife laws and regulations committed by the permitted wildlife rehabilitator or any person involved in the operation of the wildlife rehabilitation facilities.

History

• Source: 39 SDR 33, effective September 5, 2012; 47 SDR 27, effective September 15, 2020.
• General Authority: SDCL 41-2-18(1)(2)(3).
• Law Implemented: SDCL 41-2-18(1)(2)(3).